Smith v. Tatum
Supreme Court of Georgia
Action for breach of contract. Before Judge Fite. Dade superior court. September 17, 1912.
1Opinion of the CourtLumpkin, J.
1. The general rule, in the absence of a different agreement, is that a real-estate broker in whose hands property is placed for sale earns his commissions when, during the agency, he finds a purchaser ready, willing, and able to buy, and who offers to buy on the terms stipulated by the owner. If the evidence shows such facts, and the owner refuses to carry out the trade, it is not generally necessary, in order for the broker or agent to recover his commissions, that the proposed purchaser should make to the proposed vendor an áctual tender of the purchase-price.
2. Where the relation between…
2Cases cited1 opinion
- Terry v. KeimSupreme Court of Georgia · 1905
3Cited by19 opinions
- Fraser v. JarrettSupreme Court of Georgia · 1922
- Winer v. Flournoy Realty Co.Court of Appeals of Georgia · 1921
- Laack v. DimmickCalifornia Court of Appeal · 1928
- Gilleland v. WelchSupreme Court of Georgia · 1945
- Douglas v. McNabb Realty Co.Court of Appeals of Georgia · 1949
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