Legal Opinion

Mercer v. Planters Rice Mill Co.

Court of Appeals of Georgia

Decided February 18, 1915No. 5634PublishedCited by 1 opinion

. Complaint; from city court of Savannah — Judge Davis Freeman. February 11, 1914. The action of George A. Mercer against the Planters Rice Mill Company was based on the contract set out in the statement of facts in the case of Sperry v. Planters Rice Mill Company, ante, 35. The petition alleges, that the defendant appointed the plaintiff its agent to sell the lot described therein, that the plaintiff negotiated a sale of the property to M. L. Sperry for $65,000; that the…

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. Complaint; from city court of Savannah — Judge Davis Freeman. February 11, 1914. The action of George A. Mercer against the Planters Rice Mill Company was based on the contract set out in the statement of facts in the case of Sperry v. Planters Rice Mill Company, ante, 35. The petition alleges, that the defendant appointed the plaintiff its agent to sell the lot described therein, that the plaintiff negotiated a sale of the property to M. L. Sperry for $65,000; that the sale was consummated by an option for which $1,000 was paid by Sperry to the plaintiff, who in turn paid it to the…

1Opinion of the CourtWade, J.

There was no error in sustaining the demurrer, for it does not appear from the petition -that the efforts of the real-estate agent in securing the option resulted in procuring a purchaser ready, able, and willing to buy the real estate of the defendant.

Judgment affirmed,.

Broyles, J., not presiding. George W. Owens, T. P. Bavenel, E. S. Elliott, for defendant, cited: Humphries v. Smith, 5 Ga. App. 340, 343 (3); Larned v. Wentworth, 114 Ga. 208, 222; Hyams v. Miller, 71 Ga. 608, 618; Civil Code, § 3587; Harvil v. Wilson, 11 Ga. App. 156; Wilson v. Verner, 12 Ga App. 511; Jarman v. Westbrook,…

2Cases cited10 opinions

  1. Emery v. Atlanta Real Estate ExchangeSupreme Court of Georgia · 1891
  2. Humphries & Jackson v. SmithCourt of Appeals of Georgia · 1908
  3. Larned v. WentworthSupreme Court of Georgia · 1901
  4. Payne v. PonderSupreme Court of Georgia · 1913
  5. Terry v. KeimSupreme Court of Georgia · 1905

5 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Snead v. WoodCourt of Appeals of Georgia · 1919

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