Legal Opinion

B & R REALTY, INC. v. Carroll

Court of Appeals of Georgia

Decided July 12, 2000No. A00A0165PublishedCited by 5 opinions

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

  1. Humphries & Jackson v. SmithCourt of Appeals of Georgia · 1908
  2. O'brien's Irish Pub, Inc. v. Gerlew Holdings, Inc.Court of Appeals of Georgia · 1985
  3. Matthews v. Tele-Systems, Inc.Court of Appeals of Georgia · 1999
  4. Woodall v. McEachernCourt of Appeals of Georgia · 1966
  5. Kenney v. ClarkCourt of Appeals of Georgia · 1969

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Lifestyle Family, L.P. v. Lawyers Title InsuranceCourt of Appeals of Georgia · 2002
  2. Georgia Real Estate Properties, Inc. v. LindwallCourt of Appeals of Georgia · 2010
  3. Killearn Partners, Inc. v. Southeast Properties, Inc.Court of Appeals of Georgia · 2004
  4. Importers Service Corp. v. GP Chemicals Equity, LLCDistrict Court, N.D. Georgia · 2009
  5. B & R REALTY, INC. v. CarrollCourt of Appeals of Georgia · 2000

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