Newcomb v. . Potts

Supreme Court of North Carolina

Newcomb v. . Potts

179 S.E. 890, 208 N.C. 831, 1935 N.C. LEXIS 151

DecidedMay 22, 1935

StatusPublished

This text of 179 S.E. 890 (Newcomb v. . Potts) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Newcomb v. . Potts, 179 S.E. 890, 208 N.C. 831, 1935 N.C. LEXIS 151 (N.C. 1935).

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Opinion

Pee Cueiam.

This was a civil action ex contractu, wherein judgment

for the plaintiff was entered upon the following issue and answer, to wit:

“In what sum, if any, is the defendant indebted to the plaintiff by reason of the things and matters alleged in the complaint ? Answer: '$500.00.’ ”

The plaintiff’s evidence tended to establish an implied contract between him and the defendant to “split fifty-fifty” the commissions on the sale and lease of two certain pieces and parcels of real estate. The evidence of the defendant tended to negative the existence of any such contract. Since in our opinion the evidence was sufficient to carry the case to the jury, and since we find no reversible error either in the court’s ruling upon the evidence or in its charge to the jury, the judgment below must be

Affirmed.

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Pee Cueiam.

This was a civil action ex contractu, wherein judgment

for the plaintiff was entered upon the following issue and answer, to wit:

“In what sum, if any, is the defendant indebted to the plaintiff by reason of the things and matters alleged in the complaint ? Answer: '$500.00.’ ”

The plaintiff’s evidence tended to establish an implied contract between him and the defendant to “split fifty-fifty” the commissions on the sale and lease of two certain pieces and parcels of real estate. The evidence of the defendant tended to negative the existence of any such contract. Since in our opinion the evidence was sufficient to carry the case to the jury, and since we find no reversible error either in the court’s ruling upon the evidence or in its charge to the jury, the judgment below must be

Affirmed.

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Bluebook (online)

179 S.E. 890, 208 N.C. 831, 1935 N.C. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newcomb-v-potts-nc-1935.