BRADEN v. ISABELL K. HORSLEY REAL ESTATE

Record No. 920568.

425 S.E.2d 481 (1993)

Margaret S. BRADEN v. ISABELL K. HORSLEY REAL ESTATE, LTD.

Supreme Court of Virginia.

January 8, 1993.


Attorney(s) appearing for the Case

John B. Mann, Richmond (Levit & Mann, on briefs), for appellant.

James C. Breeden, Irvington (Matson C. Terry, II, Barbara H. Breeden, B.H.B. Hubbard, III, Rumsey, Breeden, Hubbard, Bugg & Terry, on brief), for appellee.

Present: All the Justices.


COMPTON, Justice.

This is a dispute between a broker and a salesperson over entitlement to commissions on the sale of real estate. We awarded this appeal to consider whether the trial court properly applied the doctrine of Massie v. Firmstone, 134 Va. 450, 114 S.E. 652 (1922). According to the doctrine, no party litigant can successfully ask a court or jury to believe that the party's testimony is untruthful; the party is bound by statements of fact and necessary...

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