Hill v. Smith
Hill v. Smith
Opinion of the Court
Opinion by
Suit was brought by the plaintiff to recover commissions as a real estate broker. He entered into an agreement with the defendant to sell for him certain real estate owned by the defendant and his wife as tenants by entireties. The defendant alone signed the contract as “owner.” The agent procured a purchaser for the property at the price named in the written agreement. Defendant refused to conclude the transaction alleging that his wife declined to join in the sale. He claims that at the time the agreement of agency was executed there was a contemporaneous understanding that if Mrs. Smith would not join in the deed the matter would be dropped. Defendant’s counsel sought to introduce this matter into the case by asking his client the question, “Will you state to the court the circumstances under which you signed the contract?” This being objected to, counsel stated, “I want to show that at the time he signed this contract, this agreement was entered into between Mr. Smith and Tyrone T. Hill.” The objection was then made, that unless this was followed “by clear, precise and indubitable evidence of a parol contemporaneous agreement which induced the contract, supported by the testimony of two witnesses or one witness with corrobo
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.