McKenzie v. Patterson
Court of Appeals of Georgia
Complaint; from city court of Savannah — Judge Freeman. April 29, 1921. Patterson sued Mrs. L. McKenzie for $346.50, alleged to be “ the 7-1/2 per cent, commission on the sale of a certain piece of residential property at Thunderbolt, sold for the account of the said defendant to Matthew J. and Catherine Beed for the consideration of the sum of $4,620.” The defendant demurred on the following grounds: No cause of action is set forth.
Read the full summary
Complaint; from city court of Savannah — Judge Freeman. April 29, 1921. Patterson sued Mrs. L. McKenzie for $346.50, alleged to be “ the 7-1/2 per cent, commission on the sale of a certain piece of residential property at Thunderbolt, sold for the account of the said defendant to Matthew J. and Catherine Beed for the consideration of the sum of $4,620.” The defendant demurred on the following grounds: No cause of action is set forth. No privity of contract between plaintiff and defendant is shown, it being impossible to determine from the petition whether the alleged cause of action arises ex…
1Opinion of the CourtHill, J.
1. The allegations of. the petition as amended plainly and distinctly set forth a cause of action arising from the failure of the defendant to perform her contract to pay the plaintiff for services rendered in the sale of real estate under an express contract for a definite amount. The demurrers thereto were properly overruled.
2. The trial judge has the discretion to reopen a case after the plaintiff has announced closed, and to allow the plaintiff to introduce relevant and material evidence to avoid a nonsuit. McColgan v. McKay, 25 Ga. 631; Cushman v. Coleman, 92 Ga. 772 (19 S. E. 46).
3. The…
2Cases cited4 opinions
- Cushman v. ColemanSupreme Court of Georgia · 1894
- Akers v. Kirke & Co.Supreme Court of Georgia · 1893
- McColgan v. McKaySupreme Court of Georgia · 1858
- Smith v. Lee & Co.Supreme Court of Georgia · 1889
3Cited by2 opinions
- Shlopak v. DavisonDistrict of Columbia Court of Appeals · 1943
- Johns v. League, Duvall & Powell Inc.Supreme Court of Georgia · 1947