Legal Opinion

Farmers Peanut Co. v. Zimmerman-Alderson-Carr Co.

Court of Appeals of Georgia

Decided December 16, 1935No. 24839PublishedCited by 8 opinions

1Opinion of the CourtJenkins, P. J.

1. “The broker’s commissions are earned when, during the agency, he finds a purchaser ready, able, and willing to buy, and who actually offers to buy on the terms stipulated by the owner.” Code 1933, § 4-213.

2. Where the plaintiff occupied the status of broker (as distinguished from a sales agent; see Humphries v. Smith, 5 Ga. App. 340, 63 S. E. 248), and as such procured a purchaser ready, able, and willing to buy on terms agreeable to the seller, the plaintiff would not, in the' absence of a contractual undertaking, become a guarantor either of the financial ability of the purchaser or of…

2Cases cited1 opinion

  1. Humphries & Jackson v. SmithCourt of Appeals of Georgia · 1908

3Cited by8 opinions

  1. Chandler v. GatelyCourt of Appeals of Georgia · 1969
  2. Johnson v. CurentonCourt of Appeals of Georgia · 1972
  3. Barrow v. JamesCourt of Appeals of Georgia · 1963
  4. Clark v. Calhoun National BankCourt of Appeals of Georgia · 1936
  5. Gilleland v. WelchSupreme Court of Georgia · 1946

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