White v. Pleasants
Decision Date | 17 December 1945 |
Docket Number | 740 |
Citation | 36 S.E.2d 227,225 N.C. 760 |
Parties | WHITE v. PLEASANTS. |
Court | North Carolina Supreme Court |
Civil action commenced before justice of peace of Durham County North Carolina, for recovery of $50 on implied contract for commissions in sale of real estate, tried in Superior Court de novo on appeal thereto from judgment of said justice of peace court.
Upon the trial in Superior Court plaintiff testified in pertinent part as follows: 'On or about March 2nd of this year, and for the past three years, I have had license to engage in real estate business in Durham * * * As a licensed real estate dealer, I sell real estate on commission for other people * * * About the middle of February, 1945, I went to the defendant's office to ask him about some property which he was interested in and he * * * advised me that he had a lot in Forest Hills which he would like for me to sell for him * * * At this time * * * defendant took the map or drawing or blue print * * * of lot * * * and showed it to me. I asked what his price on the lot was and he told me $1000. I said: 'Mr. Pleasants, I will sell that lot.' Mr Pleasants said: He gave me the dimensions of the lot as 120 by 230. I made a notation or memorandum of the dimensions of the lot * * * following * * * 120 x 230 $1000--J. R. Pleasants. * * * Pursuant to this agreement with defendant, I ran an ad in Durham papers advertising the said lot for sale * * * in the Durham Sun on March 2nd, 1945, as follows: etc. Signed 'O. J. White.' * * * I also ran this ad in Morning Herald of March 3, 1945 (same as above). Immediately after on the same day while I was running these ads in papers, I met the defendant on the street * * * and told him I had advertised his lot for sale in the Durham papers and the defendant then said, * * * he said, This conversation occurred on Saturday, March 3rd * * * I carried Mrs. Campbell in my car to see the lot * * * Later she * * * said she did not wish to purchase the lot. I also carried in my car Mr. W. O. Wilkins and showed him the same lot that I showed Mrs. Campbell. I quoted him a price of $1000 cash which was the price the defendant told me to sell it for. I sold the lot to W. O. Wilkins for $1000 cash and at the time I made the sale Mr. W. O. Wilkins gave me his check in the sum of $100 as a deposit on said lot. The balance was $900 as stated on face of check. ' ')
Then, on cross examination, plaintiff continued:
W O. Wilkins, as witness for plaintiff, testified in pertinent part as follows: ...
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