McMath Plantation Co. v. Allison & Co.
Court of Appeals of Georgia
Complaint; from city court of Americus — Judge Harper. November 5, 1920. Paragraph 4 of the decision relates to the following ground of the demurrer: “4th.
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Complaint; from city court of Americus — Judge Harper. November 5, 1920. Paragraph 4 of the decision relates to the following ground of the demurrer: “4th. Defendant demurs specially to the whole petition as drawn, because it is hot shown that the McMath Plantation Company ever breached the contract that is alleged was made with plaintiff, in that it is not alleged that the McMath Plantation Company ever sold the said plantation to the purchasers, or ever failed or refused to sell to them on the terms or under the contract alleged in the plaintiff’s petition.” The petition alleges, that in…
1Opinion of the CourtJenkins, P. J.
1. “ The general rule, in the absence of a different agree-. ment, is that a real-estate broker, in whose hands property is placed for sale, earns his commissions when, during the agency, he finds a purchaser ready, willing, and able to buy, and who offers to buy on the terms stipulated by the owner.” Civil Code (1910), § 3587; Smith v. Tatum, 140 Ga. 719 (79 S. E. 775); Odell v. Dozier, 104 Ga. 203(2) (30 S. E. 813); Doonan v. Ives, 73 Ga. 295; Edwards v. Andrews, 24 Ga. App. 645 (101 S. E. 775). The petition, having stated facts fully conforming to these statutory provisions, was not…
2Cases cited9 opinions
- Doonan v. IvesSupreme Court of Georgia · 1885
- Kemp v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Miller v. Southern Railway Co.Court of Appeals of Georgia · 1917
- Richmond & Danville Railroad v. MitchellSupreme Court of Georgia · 1894
- Odell v. DozierSupreme Court of Georgia · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Piedmont Life Insurance Co. v. BellCourt of Appeals of Georgia · 1961
- Allison & Co. v. McMath Plantation Co.Court of Appeals of Georgia · 1923
- Atlantic Refining Co. v. PeersonCourt of Appeals of Georgia · 1922
- Chamblee-Camp Gordon Water, C. Co. v. FlowersCourt of Appeals of Georgia · 1943
- Cuttino v. MimmsCourt of Appeals of Georgia · 1958
2 more not listed; retrieve them via the Exa API.