DAVIS AND DAVIS REALTY CO. v. RODGERS

No. 8926SC310.

385 S.E.2d 539 (1989)

DAVIS AND DAVIS REALTY CO., INC., Plaintiff, v. Jerome T. RODGERS, and J.T. Rodgers Corp., a corporation, jointly and severally, Defendant.

Court of Appeals of North Carolina.

November 21, 1989.


Attorney(s) appearing for the Case

Bradley, Guthery, Turner and Curry by Tate K. Sterrett, Charlotte, for plaintiff-appellee.

Murchison, Guthrie, Davis & Henderson by Robert E. Henderson and K. Neal Davis, Charlotte, for defendants-appellants.


WELLS, Judge.

Defendants contend that the trial court erred by refusing to grant their motions for directed verdict or judgment notwithstanding the verdict. Defendants contend that plaintiff's testimony concerning when his commission was due is so inconsistent as to establish as a matter of law that no agreement was ever reached by the parties. For the following reasons we disagree.

The jury found that: (1) a contract existed between plaintiff and either defendant...

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