John R. McGauley v. Mercury Mills of Georgia, Inc.

A real estate broker takes this appeal from a directed verdict rejecting his claim for a broker’s commission. Appellant John McGauley had a non-exclusive listing on appellee Mercury Mills’s property. Mercury Mills subsequently sold directly to a purchaser. McGauley alleged that appellee knew the purchaser was negotiating with McGauley and sold directly in order to avoid paying a commission.

The district court directed a verdict against McGauley. While the proof showed Mercury Mills knew McGauley had negotiated with a corporation, there was no evidence that Mercury Mills knew McGauley had ever…