Tom Jenkins Realty, Inc. v. Hilton, 21867

Decision Date22 February 1983
Docket NumberNo. 21867,21867
Citation278 S.C. 624,300 S.E.2d 594
CourtSouth Carolina Supreme Court
PartiesTOM JENKINS REALTY, INC., Appellant, v. Larry W. HILTON and I. Rose Hilton, Respondents.

Charles F. Cooper, II, of Ratchford, Cooper & Jonas, Columbia, for appellant.

Carl L. Holloway, Jr., Columbia, for respondents.

LITTLEJOHN, Justice:

This action was commenced by Tom Jenkins Realty, Inc. (Realtor) to recover a sales commission alleged to be due from the defendants, Larry W. Hilton and I. Rose Hilton (Homeowners), pursuant to an exclusive sales listing agreement. The Circuit Court granted the Homeowners Motion for a Summary Judgment. Realtor appeals.

The Homeowners entered into an exclusive listing agreement with the Realtor to sell their residence for a seven per cent sales commission to be paid upon the procurement of a purchaser for the sum of $45,500 "... or at a price acceptable to the owner...." Realtor asserts in the Complaint that a purchaser was procured in the amount of $43,000, which was accepted, and that all of the requirements have been fulfilled.

The Homeowners deny that such an acceptable purchaser was procured and asserts that no commission has been earned or is due.

Mr. Hilton acknowledged his acceptance of the $43,000 price offered by signing the sales contract. It is the contention of the Homeowners that Mrs. Hilton did not accept the agreement and, accordingly, no payment is due.

The showing made by the Realtor includes an affidavit by Grace P. Cooper, who was a sales person in the office of the Realtor. She averred:

At the time this contract was presented to Larry W. Hilton, I. Rose Hilton was in New York. The deponent spoke with I. Rose Hilton on the telephone on or about September 11, 1978, at which time she informed I. Rose Hilton of the contract for Forty Three Thousand ($43,000.00) Dollars which had been presented to her husband, Larry W. Hilton. At that time, I. Rose Hilton informed the deponent that she would accept the contract and that she authorized her husband Larry W. Hilton to accept and sign the contract on her behalf. The deponent informed her that it would be necessary for her to tell her husband that she so authorized him. Larry W. Hilton then spoke with his wife on the telephone and was informed that the contract was acceptable to his wife and that he had the authority to accept and sign the contract on her behalf.

The contract was then signed by Larry W. Hilton on behalf of himself and his wife, I. Rose Hilton. An accurate...

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21 cases
  • Strother v. Lexington County Recreation Com'n
    • United States
    • South Carolina Court of Appeals
    • September 11, 1996
    ...of clearly establishing by the record properly before the Court the absence of a triable issue of fact. See Tom Jenkins Realty, Inc. v. Hilton, 278 S.C. 624, 300 S.E.2d 594 (1983). All inferences from facts in the record must be viewed in the light most favorable to the party opposing the m......
  • Coleman v. Shaw
    • United States
    • South Carolina Court of Appeals
    • December 8, 1983
    ...which can be drawn therefrom should be viewed in the light most favorable to the party resisting the motion. Tom Jenkins Realty, Inc. v. Hilton, 278 S.C. 624, 300 S.E.2d 594 (1983). The motion should only be granted if there is no genuine issue as to any material fact, and inquiry into the ......
  • Ray v. South Carolina Nat. Bank, Inc.
    • United States
    • South Carolina Court of Appeals
    • January 23, 1984
    ...to any material fact and the moving party is entitled to judgment as a matter of law. Circuit Court Rule 44(c); Jenkins Realty v. Hilton, 278 S.C. 624, 300 S.E.2d 594 (1983). In determining whether there exists triable issues of fact, all ambiguities, conclusions and inferences arising in a......
  • Butts v. AVX Corp., 0949
    • United States
    • South Carolina Court of Appeals
    • March 24, 1987
    ...conclusions, and inferences arising in and from the evidence most strongly against the moving party. Tom Jenkins Realty, Inc. v. Hilton, 278 S.C. 624, 300 S.E.2d 594 (1983). AVX employed Butts as a tool and die maker from November 1977 until September 1982. A collective bargaining agreement......
  • Request a trial to view additional results

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