Penland v. Ingle.
Supreme Court of North Carolina
ActioN by Jesse D. Penland against E. P. Ingle, beard by Judge Thos. J. Shaio and a jury, at tbe December Term, 1904, of tbe Superior Court of Bunoombe County. Tbis was an action by a real estate broker to recover tbe sum of $250 alleged to be due bim for services rendered to tbe defendant in connection with tbe sale of a farm in Buncombe County.
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ActioN by Jesse D. Penland against E. P. Ingle, beard by Judge Thos. J. Shaio and a jury, at tbe December Term, 1904, of tbe Superior Court of Bunoombe County. Tbis was an action by a real estate broker to recover tbe sum of $250 alleged to be due bim for services rendered to tbe defendant in connection with tbe sale of a farm in Buncombe County. Tbe farm was sold at tbe price of $5,000 and tbe plaintiff, admitting tbat there was no express contract as to tbe amount of bis compensation, claimed tbat be was entitled to 5 per cent, commissions on tbe gross purchase price by virtue of an alleged…
1Opinion of the CourtBrown, J.
The court charged the jury that the custom may be established by the preponderance of the evidence. In this there is error. While it may be considered settled at this day, according to the views of Gray, Chief Justice, as expressed in Jones v. Hoey, 128 Mass., 585, that a custom may be established by one witness, yet the testimony of that witness must be sufficiently convincing and patent to create in the minds of the jurors a full conviction of the existence of the custom. A custom cannot be said to be an established one if it is in serious dispute and can only be determined by carefully and…
2Cases cited3 opinions
- Robinson v. United StatesSupreme Court of the United States · 1872
- Jones v. HoeyMassachusetts Supreme Judicial Court · 1880
- Desha, Smith & Co. v. HollandSupreme Court of Alabama · 1847
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- Jarecki Manufacturing Co. v. MerriamSupreme Court of Kansas · 1919
- Standard Crown Co. v. JonesSupreme Court of North Carolina · 1928
- Davis v. North State Veneer Corp.Supreme Court of North Carolina · 1931
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