Birchmore v. Upchurch

(After stating the foregoing facts.) The verdict having been directed for the defendant, the evidence must be construed in its light most favorable to the plaintiff in order to determine if there is any to support a verdict for him. See McNabb v. Hardeman, 77 Ga. App. 451 (49 S. E. 2d, 194).

The testimony of the plaintiff alone makes a jury question upon all essential elements of a recovery for the real-estate broker’s commissions alleged to be due, provided the evidence as a whole does not preclude such recovery by reason of the offer to sell being conditioned upon a certain option by the…