Arringdale v. Enfield Lumber Co., 120 N.C. 488 (1897)

Feb. 1897 · Supreme Court of North Carolina
120 N.C. 488

J. A. ARRINGDALE v. ENFIELD LUMBER COMPANY.

Broker — Negotiating Sale— Commissions.

A broker is not entitled to commissions on a sale unless he finds a purchaser in a situation and ready and willing to complete the purchase on the terms agreed upon between the broker and vendor.

Civil actioN, tried before Robinson, J., and a j ury, at Rail Term, 1896, of Halifax Superior Court. The cause of action was a claim for commissions for sale of real estate for defendant. The plaintiff was non-suited and appealed.

Messrs. FI. G. Connor and MaoRae da Ray, for appellant.

Messrs. T N. Hill and Rmid Bell, for appellee.

Per Curiam:

There was not sufficient evidence to go to the jury. This case is governed by Mallonee v. Young, 119 N. C., 549.

Affirmed.