Morris v. Wrape, 233 N.C. 462 (1951)

April 11, 1951 · Supreme Court of North Carolina

233 N.C. 462

EUGENE G. MORRIS, JR., v. J. H. WRAPE.

(Filed 11 April, 1951.)

Appeal and Error § 40e—

The verdict of the jury upon controverted issues of fact is conclusive in the absence of prejudicial error of law committed in the trial of the cause.

Appeal by plaintiff from Sharp, Special Judge, October Term, 1950, of RaNdolph.

No error.

This was an action to recover broker’s commission alleged to be due for sale of defendant’s real property.

Issues were submitted to and answered by the jury as follows:

“1. Did the defendant agree to pay the plaintiff the sum of $500.00 as a realtor’s commission to sell the Mills property for him, as alleged in the complaint? Answer: No.

“2. If so did the plaintiff procure E. C. Bruton as a purchaser, ready, willing and able to purchase the Mills property on defendant’s terms? Answer: No.

“3. In wbat amount, if any, is tbe defendant indebted to the plaintiff ? Answer: No.”

From judgment on the verdict plaintiff appealed.

Smith <& Walker for plaintiff, appellant.

Miller & Moser for defendant, appellee.

DeviN, J.

The plaintiff assigns error in the ruling of the trial court in the admission of certain testimony, and in the court’s charge to the jury in the particulars specified. We have examined each of these assignments of error and are unable to perceive harm to the plaintiff as result of any of the rulings complained of.

Though the evidence was sharply contradictory, this was submitted to the jury fairly, and the applicable principles of law arising thereon correctly stated. G.S. 1-180; Gibbs v. Armstrong, ante, 219, 63 S.E. 2d 551. The issues of fact raised by the pleadings and the testimony were decided by the jury against the contentions of the plaintiff, and the result will not be disturbed.

No error.