Hendrix v. First Nat. Bank of Columbus

Birdsong, Presiding Judge.

This is a real estate commission case in which the trial court granted summary judgments against the appellant broker, Hendrix, and in favor of the seller First National Bank, in favor of the purchaser Capps, and in favor of Dudley who the broker claimed was the real and ultimate purchaser. The broker sued for, inter alia, breach of contract, wrongful interference with contract, conversion, and fraud of the defendants in colluding to deprive him of his commission. Held:

On motion for summary judgment, the movant bears the burden of establishing the non-existence of a…