Wilmot & Cosby v. Silverman
Court of Appeals of Georgia
Certiorari; from Fulton superior court — r Judge George L. Bell. October 8,, 1920. Wilmot & Cosbji, real-estate agents, with whom E. M. Silverman had listed for sale a house and lot in the city of Atlanta, procured from A. M. Arnold an agreement in writing to purchase the property for $7,500, to be paid as follows: $2,000 cash and $85 per ■month.
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Certiorari; from Fulton superior court — r Judge George L. Bell. October 8,, 1920. Wilmot & Cosbji, real-estate agents, with whom E. M. Silverman had listed for sale a house and lot in the city of Atlanta, procured from A. M. Arnold an agreement in writing to purchase the property for $7,500, to be paid as follows: $2,000 cash and $85 per ■month. The terms upon which the property had been listed for sale included also the purchaser’s assumption of a loan of $2,000. and retention of possession of the property by Silverman until September 1; and when the agreement signed by Arnold was presented…
1Opinion of the CourtBroyles, C. J.
1. Where a real-estate broker, during the agency, procures a purchaser ready, able, and willing to buy, and who actually offers to buy on the terms stipulated by the owner, the broker’s commissions are earned. Civil Code (1910), § 3587.(a) In such a case the broker can recover commissions notwithstanding the absence of a contract of sale binding alike on seller and purchaser. Humphries v. Smith, 5 Ga. A.pp. 340 (63 S. E. 248). In the case just cited this court did not hold that a broker is not entitled to commissions unless he has brought the prospective purchaser into the actual presence of…
2Cases cited9 opinions
- Doonan v. IvesSupreme Court of Georgia · 1885
- Phinizy v. BushSupreme Court of Georgia · 1907
- Humphries & Jackson v. SmithCourt of Appeals of Georgia · 1908
- Gray v. LynnSupreme Court of Georgia · 1913
- Harvil v. Wilson Bros.Court of Appeals of Georgia · 1912
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3Cited by6 opinions
- Reid v. MorrisonCourt of Appeals of Georgia · 1924
- Ocean Lake & River Fish Co. v. DotsonCourt of Appeals of Georgia · 1943
- Pierce v. DeichCourt of Appeals of Georgia · 1950
- Knowles v. Haas & DoddCourt of Appeals of Georgia · 1944
- Broyles v. HaasCourt of Appeals of Georgia · 1935
1 more not listed; retrieve them via the Exa API.