Turner v. Atlanta Realty Co.

Felton, Chief Judge.

Even assuming the court’s authority to reopen the case after the end of the term in which it was dismissed and assuming that the exclusive sale contract sued upon was enforceable, the petition as amended was nevertheless subject to the general demurrer. “[W]here, as in the instant case, the action is predicated upon the broker’s having procured a buyer ready, willing, and able to buy on terms stipulated by the owner, the proof of an offer by the proposed purchaser to buy on terms not stipulated by the owner will not entitle the plaintiff broker to his commissions. Howard…