Wofac Corp. v. Hanson

Stolz, Judge.

"There cannot be an express and implied contract for the same thing existing at the same time between the same parties. It is only when the parties themselves do not expressly agree, that the law interposes and raises a promise; and no agreement can be implied where there is an express one existing.” Ramsey v. Langley, 86 Ga. App. 544, 549 (4) (71 SE2d 863). See also Davenport v. Pope, 96 Ga. App. 799 (101 SE2d 614). The evidence here conclusively shows that the plaintiffs right to recovery, if any, of commissions for contracts closed after his termination depends upon an express…