Brown v. Jackson

Deen, Presiding Judge.

The appellant’s sole enumeration of error goes to the lack of evidence of the appellee’s licensure. Code Ann. § 84-1404 (a) requires a plaintiff to allege and prove he was a duly licensed broker or salesman at the time the alleged cause of action arose. While prior to the adoption of the Civil Practice Act failure to allege was fatal, this is no longer the case. Maxwell v. Tucker, 118 Ga. App. 695, 698 (165 SE2d 459). Under Code Ann. § 81A-115 (b) issues not raised by the pleadings that are tried by express or implied consent are treated as if they had been so raised.…