Red Cypress Lumber Co. v. Perry
Supreme Court of Georgia
Complaint. Before Judge Hodges. City court of Macon. June 29, 1903. Perry, a real estate agent, sued the Red Cypress Lumber Company for $474, alleged to be a balance due on a commission for negotiating and effecting for the defendant the purchase of a tract of timbered- land, known as Beech Grove Plantation, bought by the defendant from Mrs. Huntley at the price of $10,000, which purchase the plaintiff alleged he negotiated relying on a verbal ágreement of the defendent to…
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Complaint. Before Judge Hodges. City court of Macon. June 29, 1903. Perry, a real estate agent, sued the Red Cypress Lumber Company for $474, alleged to be a balance due on a commission for negotiating and effecting for the defendant the purchase of a tract of timbered- land, known as Beech Grove Plantation, bought by the defendant from Mrs. Huntley at the price of $10,000, which purchase the plaintiff alleged he negotiated relying on a verbal ágreement of the defendent to pay him a commission of five per cent, on the purchase-price of “any and all timbered land” purchased by him for it. The…
1Opinion of the CourtLamar, J.
The- judge properly submitted to the jury the question as to whether the plaintiff was employed by the defendant to purchase the Beech Grove place from Mrs. Huntley. The evidence was conflicting, but the verdict of the jury must be taken as conclusive on that issue. It appeared that Perry had been first employed by Mrs. Huntley to sell, and represented both buyer and seller in the transaction; and the court charged that a double agency without the consent of hoth parties is contrary to public policy ; and that therefore the agent would not be entitled to recover commissions for the services,…
2Cases cited6 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Jarvis v. . SchaeferNew York Court of Appeals · 1887
- Barry v. SchmidtWisconsin Supreme Court · 1883
- Orton v. ScofieldWisconsin Supreme Court · 1884
- Siegel v. GouldNew York Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Todd v. German American InsuranceCourt of Appeals of Georgia · 1907
- F. & W. Grand Five-Ten-Twenty-Five Cent Stores Inc. v. EisemanSupreme Court of Georgia · 1925
- Winer v. Flournoy Realty Co.Court of Appeals of Georgia · 1921
- Spratlin, Harrington & Thomas, Inc. v. HawnCourt of Appeals of Georgia · 1967
- Whitley v. JamesSupreme Court of Georgia · 1904
13 more not listed; retrieve them via the Exa API.