Peeples v. Aultman
Court of Appeals of Georgia
Complaint; from city court of Tifton — Judge Price. November 14, 1919. J. E. Peeples sued for certain commissions -alleged to be due him as a real-estate broker, upon the sale of certain lands of the defendant. From the evidence at the trial it appeared that early in the year 1919 the defendant listed with the plaintiff certain lands for sale 'at $45 per acre, and agreed to pay him a commission of 5% on the sale.
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Complaint; from city court of Tifton — Judge Price. November 14, 1919. J. E. Peeples sued for certain commissions -alleged to be due him as a real-estate broker, upon the sale of certain lands of the defendant. From the evidence at the trial it appeared that early in the year 1919 the defendant listed with the plaintiff certain lands for sale 'at $45 per acre, and agreed to pay him a commission of 5% on the sale. In June or July, 1919, the plaintiff formed a partnership with J. M. Peeples, under the firm name of J. E. Peeples & Son, and subsequently and before performance of the alleged…
1Opinion of the CourtStephens, J.
1. Where a plaintiff fails to prove his case as laid, a nonsuit is proper.
2. Where a plaintiff declared upon an alleged contract between him and the defendant wherein it was agreed that the plaintiff should as a real-estate broker sell for the defendant, for a specified commission, certain lands, and where the plaintiff’s evidence upon the trial showed that prior to any performance of the contract sued upon the plaintiff entered into a partnership in the real-estate business with another, and after such partnership had been formed the partner entered into negotiations with the defendant and…
2Cited by2 opinions
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