Opinion
53531.
SUBMITTED FEBRUARY 28, 1977.
DECIDED MARCH 17, 1977.
Action on account. Clarke State Court. Before Judge Pittard.
Alan M. Alexander, Jr., for appellant.
Cotton, Katz White, Richard A. Katz, J. Christopher Simpson, for appellee.
This is a suit to recover for a fee for conducting an appraisal of real estate. A jury returned a verdict for the plaintiff and judgment was entered. On appeal, the parties have submitted a stipulation as to the evidence considered at trial. The stipulation shows a conflict in the testimony as to whether the defendant contracted with the plaintiff to perform the appraisal in his individual capacity or as the agent of the disclosed third-party principal. It was, therefore, apparent that a jury question was presented and the trial court correctly denied the defendant's motion for a directed verdict. As the evidence authorized the verdict in favor of plaintiff, we must affirm.
Judgment affirmed. McMurray and Smith, JJ., concur.