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JOHNSON v. ORRELL

No. 595.

56 S.E.2d 414 (1949)

231 N.C. 197

JOHNSON v. ORRELL.

Supreme Court of North Carolina.

November 30, 1949.

Attorney(s) appearing for the Case

Rodgers & Rodgers, Wilmington, for defendant-appellant.

W. K. Rhodes, Jr., Wilmington, for plaintiff-appellee.

SEAWELL, Justice.

The plaintiff is relying on a specific written contract between himself and the defendant on which to recover from the latter the commission he claims. The evidence, dehors the document, would hardly establish the relation of agency between the plaintiff and the defendant at all. Agency is the product of a mutual agreement. It is a situation which cannot be forced on a person in invitum, and no presumption...

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