Fry v. . Graham

Citations

• 30 S.E. 330
• 122 N.C. 773
• 1898 N.C. LEXIS 348

Syllabus

<p>Trustee — Advertisement of Sale Under Trust Deed— Payment of Debt secured before Sale — Commissions.</p> <p>1. Where a trustee under a deed in trust with power of sale advertised the land for sale, and the sale w'as postponed, and before the day of the adjourned sale the debt was paid in full and the deed can-celled, the trustee cannot recover commissions on the amount of the debt but is entitled to a just allowance for time, labor, services and expenses in and about the matter.</p> <p>2. In such case, an action brought by the trustee to recover commissions should not have been dismissed and, on appeal, will be sent back for a new trial as to the proper compensation of the trustee for his time, labor, expenses, &c.</p>