CENTURY 21 MARY CARR & ASSOCIATES, INC. v. Jones

Johnson, Judge.

A directed verdict was entered in favor of Lucy Mae Jones (Jones) in this action for recovery of a real estate commission. Judgment was also entered in favor of Jones on her counterclaim for return of earnest money. Century 21 Mary Carr & Associates, Inc. (Carr) appeals.

Jones and Carr (as broker) entered into an agreement for the purchase and sale of real property. The contract had a financing con tingency clause which obligated Jones to “promptly make application and pursue said application with reasonable diligence to obtain said loan when it is available.” Jones applied for…