White v. Burger

The plaintiff sued on an interbroker agreement to recover one half of a commission earned by the defendant in selling a parcel of land in Dalton to a group of persons, one of whom was the prospect introduced to the defendant by the plaintiff. A jury returned a verdict for the plaintiff, and the defendant appealed. 1. It was open to the jury on the evidence to find that the provision of the agreement calling for the plaintiff to accompany the prospect on a showing of the parcel was *880waived by the continuing course of dealing between the parties. Compare Church of God in Christ, Inc. v.…