Foshee v. Harris

I cannot concur in the majority’s determination to affirm the trial court’s grant of summary judgment. I believe that the majority unduly focuses upon the “net to owner” language in the contract. “[I]f a purchaser procured by the broker buys from the owner, even at a less price than that given the broker, the owner would be liable for the broker’s commission if the broker’s effort was the procuring cause of the sale. [Cits.]” (Emphasis supplied.) Tidwell & Yarbrough Realty Co. v. Foster, 123 Ga. App. 192, 193 (180 SE2d 259) (1971). Therefore, the only issue in this case is whether the…