Craigmiles v. Steyerman
Court of Appeals of Georgia
Complaint from city court of Thomasville — Judge W. H. Hammond. January 4, 1921. The petition showed substantially the following facts: On or about June 16, 1920, the defendant listed for sale with the plaintiffs a described parcel of land, and contracted with them that if they could sell it so as to procure for him $1,000, they could have any excess of $1,000 as compensation for their services as real-estate brokers.
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Complaint from city court of Thomasville — Judge W. H. Hammond. January 4, 1921. The petition showed substantially the following facts: On or about June 16, 1920, the defendant listed for sale with the plaintiffs a described parcel of land, and contracted with them that if they could sell it so as to procure for him $1,000, they could have any excess of $1,000 as compensation for their services as real-estate brokers. On or about June 17, 1920, and during their agency to sell the land, the plaintiffs procured a prospective purchaser in the person of a Mr. Dekle, priced him the land at $1,200,…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts.) The petition does not show that the property in question was exclusively listed with the plaintiffs." Indeed, construed most strongly against the pleader, the petition shows that the property was listed also with another broker, who sold it and who received the same amount *16of money for Ms commission, that the plaintiffs would have received for theirs if they had sold it. The petition shows that the plaintiffs did not sell the property; and the allegation that they were the procuring cause of the sale must be construed as a mere conclusion of the pleader,…
Also in this document: Concurrence.
2Cases cited5 opinions
- Doonan v. IvesSupreme Court of Georgia · 1885
- Graves v. HunnicuttCourt of Appeals of Georgia · 1910
- Hyams v. MillerSupreme Court of Georgia · 1883
- Grove Realty Co. v. AdairCourt of Appeals of Georgia · 1921
- Brown v. StokesCourt of Appeals of Georgia · 1920
3Cited by4 opinions
- Hendrix v. CrosbyCourt of Appeals of Georgia · 1947
- Jordan v. Dolvin Realty Co.Court of Appeals of Georgia · 1936
- State Life Insurance Co. v. WhitehurstCourt of Appeals of Georgia · 1942
- Wilharbla Realty Co. v. CarringtonCourt of Appeals of Georgia · 1939