B & R REALTY, INC. v. Carroll
Court of Appeals of Georgia
1Opinion of the Court
Miller, Judge.
The primary issues on appeal are (1) whether an express listing contract precludes a common law “procuring cause” claim for a commission on a sale of real estate, (2) whether a sale outside the extended term of the listing agreement precludes a claim for conspiracy to deprive commission, and (3) whether an express contract precludes a quantum meruit claim. We answer each question in the affirmative and therefore affirm.
On February 8, 1996, Donald and Sharon Carroll listed their real estate with Shield Realty1 for $325,000 and promised to pay Shield Realty a ten percent…
Also in this document: Concurrence.
2Cases cited13 opinions
- Humphries & Jackson v. SmithCourt of Appeals of Georgia · 1908
- O'brien's Irish Pub, Inc. v. Gerlew Holdings, Inc.Court of Appeals of Georgia · 1985
- Matthews v. Tele-Systems, Inc.Court of Appeals of Georgia · 1999
- Woodall v. McEachernCourt of Appeals of Georgia · 1966
- Kenney v. ClarkCourt of Appeals of Georgia · 1969
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lifestyle Family, L.P. v. Lawyers Title InsuranceCourt of Appeals of Georgia · 2002
- Georgia Real Estate Properties, Inc. v. LindwallCourt of Appeals of Georgia · 2010
- Killearn Partners, Inc. v. Southeast Properties, Inc.Court of Appeals of Georgia · 2004
- Importers Service Corp. v. GP Chemicals Equity, LLCDistrict Court, N.D. Georgia · 2009
- B & R REALTY, INC. v. CarrollCourt of Appeals of Georgia · 2000