Indiana Fruit Co. v. Sandlin
Supreme Court of Georgia
Complaint. Before Judge Littlejohn. Macon, superior court. June 27, 1905. Sandlin brought suit against the Indiana Fruit Company, alleging as follows: On or about July 1, 1903, the plaintiff made a contract with the defendant corporation, through its agent, Camp-field, to assist the latter in procuring a purchaser and bringing about a sale of all the fruit then growing on the trees of the orchards of the corporation for that year.
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Complaint. Before Judge Littlejohn. Macon, superior court. June 27, 1905. Sandlin brought suit against the Indiana Fruit Company, alleging as follows: On or about July 1, 1903, the plaintiff made a contract with the defendant corporation, through its agent, Camp-field, to assist the latter in procuring a purchaser and bringing about a sale of all the fruit then growing on the trees of the orchards of the corporation for that year. The minimum price authorized to be accepted was $5,000, and for procuring a' sale of the fruit on the trees, or being instrumental in bringing it about, the company…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.).1,2. It is declared in the Civil Code, §3015, that “the fact that property is placed in the hands of a broker to sell does not prevent the owner from selling, unless otherwise agreed. The broker’s commissions arc earned when, during the agencjg he finds a purchaser ready, able, and willing to buy, and who actually offers to buy on the terms stipulated by the owner.” If, however, the owner agrees with an agent or broker that the latter shall assist him in procur*225ing a purchaser, and in bringing about a sale, and shall perform certain duties in connection…
2Cases cited6 opinions
- Doonan v. IvesSupreme Court of Georgia · 1885
- Abel v. Jarratt & Co.Supreme Court of Georgia · 1897
- Harris Loan Co. v. Elliott & Hatch Book Typewriter Co.Supreme Court of Georgia · 1900
- Amicalola Marble & Power Co. v. CokerSupreme Court of Georgia · 1900
- Mousseau v. DorsettSupreme Court of Georgia · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fitzgerald Cotton Oil Co. v. Farmers Supply Co.Court of Appeals of Georgia · 1907
- Wilcox v. WilcoxCourt of Appeals of Georgia · 1923
- Georgia Railway & Power Co v. HeadSupreme Court of Georgia · 1923
- Crown Carpet Mills, Inc. v. C. E. Goodroe Co.Court of Appeals of Georgia · 1963
- Mobley v. TinsleyCourt of Appeals of Georgia · 1923
4 more not listed; retrieve them via the Exa API.