Jordy v. Dunlevie
Supreme Court of Georgia
Equitable petition. Before Judge Charlton. Chatham superior court. December 7, 1911. The petition, which was dismissed on demurrer, alleged substantially as follows: E. V. Dunlevie (the defendant), of Buffalo, New York, was the owner of certain timber in Liberty county, Georgia. On June 4, 1908, he created petitioner, J. N. Jordy (a real-estate broker), his agent to sell the same.
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Equitable petition. Before Judge Charlton. Chatham superior court. December 7, 1911. The petition, which was dismissed on demurrer, alleged substantially as follows: E. V. Dunlevie (the defendant), of Buffalo, New York, was the owner of certain timber in Liberty county, Georgia. On June 4, 1908, he created petitioner, J. N. Jordy (a real-estate broker), his agent to sell the same. Defendant fur-, nished petitioner a prospectus, including blue prints of the timber land, and requested to be kept posted on what he was doing in relation to the sale of the timber. Petitioner informed defendant…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. ' The gravamen of the complaint is that tire defendant fraudulently represented that he had not sold the timber to any of the plaintiff’s customers, and because ’of such fraudulent representation he settled his claim for commissions for the sale of the timber for *329five hundred dollars. The plaintiff charges that the defendant misrepresented the matter to him, deceived him, and that the settlement was obtained by deceit. He does not charge that he and the defendant -agreed on a contract of settlement, such as would be expressed in the receipt after…
2Cases cited5 opinions
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