Nutting & Co. v. Kennedy

Nutting & Company, real-estate agents, sued Mrs. Jane Kennedy in the municipal court of Atlanta for the recovery of $75 as commission for the sale of certain real estate. The plaintiffs alleged that the defendant, through her attorney in fact, authorized them to negotiate a sale for $1,500, and, in fixing the amount of commission at $75, relied on a custom in Atlanta under which 5 per cent, is paid brokers on the first $2,000 of the purchase-price of real estate. They alleged that after they had secured a purchaser, Mrs. Kennedy “failed to furnish to the purchaser a good and sufficient title…