Prescott v. Wrenn Bros.

Supreme Court of North Carolina

Prescott v. Wrenn Bros.

152 S.E.2d 176, 269 N.C. 303, 1967 N.C. LEXIS 1069

DecidedJanuary 20, 1967

StatusPublished

This text of 152 S.E.2d 176 (Prescott v. Wrenn Bros.) 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

Prescott v. Wrenn Bros., 152 S.E.2d 176, 269 N.C. 303, 1967 N.C. LEXIS 1069 (N.C. 1967).

Pincite

Opinion

Per Curiam.

According to the plaintiff’s allegations and the evidence in its light most favorable to him, the plaintiff and the Wrenn Brothers Realty Company were the only stockholders in the Lake Shore Realty Company corporation, the owner of the tract of land involved. The plaintiff was sales manager. For his services as such in the development and in the sale he was to receive five per cent commission. This was his sole compensation. He did development work, including road construction, and contacted Elwood Martin as a prospective purchaser who, in turn, contacted Bowers who made the contract to purchase with one of the Wrenn Brothers.

Appellant denied that the plaintiff had any contract for commissions or that he was instrumental in promoting the sale to Bowers. The controversy, therefore, involves the questions of fact: (1) Was there a contract as alleged, and (2) if so, what amount, if any, is the plaintiff entitled to recover under it? The jury found both issues for the plaintiff. The court entered judgment for the amount the jury found to be due.

The controversy, stripped of its nonessentials, involved the contract and its breach. The sale to Bowers of company land for $150,000.00 was stipulated. The factual dispute was resolved by the jury. Objection to the charge and to the introduction of testimony do not present any question of law stated in a manner prejudicial to the appellant.

In the trial and judgment, we find

No error.

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Per Curiam.

According to the plaintiff’s allegations and the evidence in its light most favorable to him, the plaintiff and the Wrenn Brothers Realty Company were the only stockholders in the Lake Shore Realty Company corporation, the owner of the tract of land involved. The plaintiff was sales manager. For his services as such in the development and in the sale he was to receive five per cent commission. This was his sole compensation. He did development work, including road construction, and contacted Elwood Martin as a prospective purchaser who, in turn, contacted Bowers who made the contract to purchase with one of the Wrenn Brothers.

Appellant denied that the plaintiff had any contract for commissions or that he was instrumental in promoting the sale to Bowers. The controversy, therefore, involves the questions of fact: (1) Was there a contract as alleged, and (2) if so, what amount, if any, is the plaintiff entitled to recover under it? The jury found both issues for the plaintiff. The court entered judgment for the amount the jury found to be due.

The controversy, stripped of its nonessentials, involved the contract and its breach. The sale to Bowers of company land for $150,000.00 was stipulated. The factual dispute was resolved by the jury. Objection to the charge and to the introduction of testimony do not present any question of law stated in a manner prejudicial to the appellant.

In the trial and judgment, we find

No error.

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Bluebook (online)

152 S.E.2d 176, 269 N.C. 303, 1967 N.C. LEXIS 1069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prescott-v-wrenn-bros-nc-1967.