S & W RLTY. & BOND. COM. A. v. DUCKWORTH & SHELTON, INC.

No. 276.

162 S.E.2d 486 (1968)

274 N.C. 243

S & W REALTY & BONDED COMMERCIAL AGENCY, INC. v. DUCKWORTH & SHELTON, INC.

Supreme Court of North Carolina.

August 23, 1968.


Attorney(s) appearing for the Case

Ervin, Horack & McCartha, by Paul R. Ervin and William E. Underwood, Jr., Charlotte, for plaintiff appellee.

Berry & Bledsoe, by Louis A. Bledsoe, Jr., and C. Ralph Kinsey, Jr., Charlotte, for defendant appellant.


SHARP, Justice:

In this case, plaintiff alleges one brokerage contract; defendant's minutes, upon which plaintiff relies, show another; plaintiff's evidence shows a third. Necessarily, the issues do not bring the case into sharp focus.

These facts are conceded by both parties: On 23 November 1962, defendant agreed that it would pay plaintiff a 5% commission if plaintiff sold defendant's Trade Street property to Belk's for $116,500.00 or more. Plaintiff was...

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