#### F. K. WATKINS v. MAUDE S. JONES, P. FORREST JONES and WINGATE R. JONES.

(Filed 15 January, 1954.)

Appeal by plaintiff from Hatch, Special Judge, April Term, 1953, of Dtjeiiam.

Civil action to recover commissions alleged to be due tbe plaintiff pursuant to tbe terms of an oral agreement for tbe sale of certain real estate owned by tbe defendants and situate on tbe west side of Orange Street in tbe City of Durham.

Tbe plaintiff alleged in bis complaint tbat tbe property was listed with bim for sale in November, 1950, and tbat be made tbe contacts wbieb eventually resulted in its sale.

Tbe defendants denied in tbeir answer tbat tbey bad any contract with tbe plaintiff with respect to tbe sale of tbeir Orange Street property, and alleged tbat tbey sold the property themselves without the intervention or assistance of the plaintiff.

Tbe evidence was' in sharp conflict on the question as to whether tbe plaintiff and tbe defendants bad entered into a contract for tbe sale of property.

Tbe issue wbieb was determinative of this question was answered by tbe jury in favor of the defendants, tbat is, tbat tbe defendants bad not entered into a contract with tbe plaintiff for tbe sale of tbeir property as alleged in tbe complaint. Judgment was entered accordingly and tbe plaintiff appeals, assigning error.

J. Grover Lee for appellant.

Victor S. Bryant and Victor S. Bryant, Jr., for appellees.

Per Curiam.

Due and careful consideration has been given to each assignment of error presented by tbe appellant on this appeal, and we find no error in tbe trial below of sufficient merit to warrant a disturbance of tbe verdict rendered by tbe jury. ITence, we find

No error.