Carter v. Ray

ON MOTION ROE EEHEAEING.

“Evidence that is relevant can not be kept from the jury by a waiver of proof on that point or admission of fact, if the party desires the testimony out.” Clayton v. Brown, 30 Ga. 490 (2). The plaintiff, under the allegations of his petition, must show that thé real-estate broker, during the agency, found a purchaser ready, able, and willing to buy and who actually offers to buy on the terms stipulated by the owner [defendant]. And merely because the defendant is willing -to concede that if the interpretation, construction, and meaning of the written contract declared…