Morris v. Jackson
Court of Appeals of Georgia
Complaint; from city court of Atlanta — Judge Calhoun. December 1, 1910. A real-estate agent sued the owner of a farm for $300, commission on a sale of the farm. The jury returned a verdict for $250, and the defendant moved for a new trial, on the general grounds, also assigning error on one excerpt from the judge’s charge.
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Complaint; from city court of Atlanta — Judge Calhoun. December 1, 1910. A real-estate agent sued the owner of a farm for $300, commission on a sale of the farm. The jury returned a verdict for $250, and the defendant moved for a new trial, on the general grounds, also assigning error on one excerpt from the judge’s charge. The material facts as settled by the verdict are that the owner listed the farm with the agent, agreeing to give him exclusive control of the property for 120 days, to pay liim a commission of 5 per cent, on the purchase-price, and further providing that if the owner…
1Opinion of the CourtBussell, J.
(After stating the foregoing facts.) There is no evidence that in declining to accept the offer made prior to January 1, 1909, as to the exchange of the properties, the owner did so with the concealed intention at the time to accept the offer after the expiration of the agency contract, simply for the purpose of evading the payment of the agent’s commission. The relation of principal and agent requires good faith inter soso, and the law will not tolerate one taking an unfair advantage of the other. Williams v. Moore-Gaunt Co., 3 Ga. App. 756 (60 S. E. 372); Emery v. Atlanta Real Estate…
2Cases cited3 opinions
- Doonan v. IvesSupreme Court of Georgia · 1885
- Emery v. Atlanta Real Estate ExchangeSupreme Court of Georgia · 1891
- Williams v. Moore-Gaunt Co.Court of Appeals of Georgia · 1908
3Cited by7 opinions
- Ramezzano v. AvansinoNevada Supreme Court · 1920
- Messick v. PowellCourt of Appeals of Kentucky · 1951
- Messick v. PowellCourt of Appeals of Kentucky (pre-1976) · 1951
- Odell v. WessingerCourt of Appeals of Georgia · 1936
- Palmer, Phinizy & Connell v. HeinzerlingCourt of Appeals of Georgia · 1925
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