White v. Watson Enterprises, Inc.

Bell, Chief Judge.

1. The defendants contend that the plaintiff, who had the burden of proof on its motion for summary judgment, failed to show that it was a licensed real estate broker or salesman under Code § 84-1413, an essential element of proof for the recovery of a commission. Beets v. Padgett, 123 Ga. App. 68 (179 SE2d 560). That proof, however, was waived by defendants when, in their answer, they admitted that they would owe the $888 real estate commission fee upon closing the sale of the property. The affidavits filed in support and in opposition to the motion for summary judgment…