Roach v. Williams

• Decision Date: 25 January 1918
• Docket Number: 9878.
• Citation: 95 S.E. 120,109 S.C. 29
• Parties: ROACH v. WILLIAMS ET AL.
• Court: South Carolina Supreme Court

95 S.E. 120

109 S.C. 29

ROACH v. WILLIAMS ET AL.

No. 9878.

Supreme Court of South Carolina

January 25, 1918

Appeal from Common Pleas Circuit Court of York County; Ernest Moore Judge.

Action by R. F. Roach against W. L. Williams and another. Judgment for plaintiff, and defendants appeal. Affirmed.

John R Hart, of York, for appellants.

J Harry Foster, of Rock Hill, for respondent.

FRASER J.

The appellants and the respondent entered into this contract:

"Rock Hill, S. C., Feb. 19, 1913.

For value received (advertising, etc.,) I hereby make and constitute R. F. Roach agent in fact for the purpose of selling the following described property, to wit '227-acre farm on the Clover and Rock Hill road, known as the Dr. L. L. Campbell farm, one 8-room two-story house, 4 tenant houses, 3 barns, cowbarn, pastures, 3 wells, 2 springs.' And I do hereby authorize said R. F. Roach to sell said property at the price of not less than forty dollars per acre, payable as follows: One-half cash balance in two years at 8 per cent. on deferred payments. Any excess that may be obtained over paid price to be equally between the owner and R. F. Roach. And I hereby authorize possession of the said property to be given upon such sale however to any contracts of lease or rent outstanding at the date of such sale.

This agreement shall continue in force from the 19th day of February, 1913, to the 1st day of September, 1913, and during said time this agreement is hereby constituted a covenant running with the land and revocable only in writing of both parties interested or their real representatives. Any improvements that owners desire to make that will change the price must be mutually agreed upon. In case a sale is made of any part or all by R. F. Roach, or by any one else, during the life of this agreement, I hereby agree to pay to R. F. Roach, promptly after sale is completed, in cash, or paper satisfactory to him 5 per cent. commission on the amount sold and his proportion of any excess that may be made on said sale as per the above agreement. I further agree to refer all applicants for the property to the said R. F. Roach, to render him all assistance and information possible and agree not to sell it without notifying him. I also promise not to delay the sale or the transfer of title for any cause whatever, and further agree to establish the lines by survey or otherwise at the owner's expense, and furnish sound titles to the property promptly after sale. If it proves that seller cannot furnish sound titles, full commission is to be paid to the said R. F. Roach by the owner."

"[Signed] Ross F. Roach.

A. M. Barnett.

W. L. Williams."

Some time about the middle of August, 1913, the appellants made an agreement with one J. Ed Harper, evidenced by the following check and receipt:

"Belmont, N. C., Sept. 1st, 1913. No. ______

The Bank of Belmont 66-409

Pay to the order of A. M. Barnett & W. L. Williams $1.00, one and no/100 dollars, as part payment on the L. L. Campbell place. Balance payable Jan. 1st, 1914, which is the sum of 7,249 dollars.

J. Ed Harper."

"I received of Mr. Ed Harper One Dollar as part payment on L. L. Campbell Place. Balance due and payable Jan. 1st, 1914, at Yorkville, S. C., which is the sum of 7,249 dollars.

A. M. Barnett & W. L. Williams.

Sept. 1st, 1913."

The respondent introduced evidence, over the...