Hallman v. Lipscomb

• Citation: 103 S.E. 513,114 S.C. 171
• Decision Date: 28 June 1920
• Docket Number: 10435.
• Parties: HALLMAN v. LIPSCOMB.
• Court: United States State Supreme Court of South Carolina

103 S.E. 513

114 S.C. 171

HALLMAN v. LIPSCOMB.

No. 10435.

Supreme Court of South Carolina

June 28, 1920

Appeal from Common Pleas Circuit Court of Cherokee County; Frank B Gary, Judge.

Action by A. L. Hallman against Emma C. Lipscomb. Judgment for plaintiff, and defendant appeals. Reversed.

Butler & Hall, of Gaffney, for appellant.

Dobson & Vassy, of Gaffney, for respondent.

FRASER J.

The plaintiff is a real estate agent. The defendant was the owner of a tract of land in Cherokee county, near Gaffney. The plaintiff asked the defendant to allow him to sell her plantation for her. The defendant was not anxious to sell. There were several interviews between the parties in reference to the sale. About the conversations there is much conflict of evidence. The plaintiff claims that the defendant agreed to pay commissions of 5 per cent. on the selling price. The defendant claims that the price of $12,000, for which she sold the place, was to be net to her; that she finally consented to the sale at that price. The last of these interviews took place on the morning of the 11th of January, 1918. Later in the day of the 11th of January, 1918 the defendant agreed to sell for $12,000. The plaintiff then had an agreement prepared and signed by the defendant as follows:

"Exhibit A.

State of South Carolina, County of Cherokee.

Received of A. L. Hallman the sum of $500 as part payment of the purchase price of $12,000 of my farm in Cherokee county, containing 104 acres, more or less, bounded on the north by lands of J. C. Pettit, on the east by lands of J. C. Pettit and June Humphreys, on the south by lands of Anthony Hopper, and on the west by lands of R. L. Morgan; and upon the payment of the balance of said sum of $12,000 February 1, 1918, I do hereby agree to execute and deliver to the said A. L. Hallman a deed of conveyance in fee simple of the above-described premises free of incumbrances. It is understood that the present tenant is to farm said land this year.

Witness my hand and seal this January 11, 1918.

Mrs. Emma G. Lipscomb.

Signed, sealed, and delivered in the presence of J. L. Moorehead."

In pursuance of this contract, the plaintiff demanded and defendant executed the conveyance of the land to those to whom the plaintiff assigned the contract. After the sale the plaintiff demanded commissions and the defendant refused to pay them. The plaintiff brought suit on his view of the verbal contract. The plaintiff admitted the written contract. The defendant objected to all testimony in reference to any evidence of the parol contracts. The objections were overruled. At the conclusion of the testimony for the plaintiff the defendant moved for a new trial and directed verdict, which were refused. At the conclusion of all the testimony for the plaintiff the defendant renewed her motion for a directed verdict. This was also refused.

II. The plaintiff abandoned the position of agent for the defendant even if he had ever occupied such a position, and took the contract directly to himself. The positions of...