Suburban Realty, Inc. v. Busbin

Webb, Judge.

1. The initial question in this case is whether the plaintiff realty company’s right to a commission is dependent upon merely securing a purchaser ready, willing, and able to purchase (Code § 4-213; Wehunt v. Babb, 84 Ga. App. 536 (66 SE2d 405)), or upon the actual consummation of the contract for the sale of the realty. It is undisputed that the contract of sale was held in a prior proceeding to be void because of insufficient description — hence if the right to commission is dependent upon the consummation of the sale, the realty company has no right of recovery (Ragsdale v.…