Harvil v. Wilson Bros.
Court of Appeals of Georgia
Complaint; from city court of Atlanta — Judge Reid. October 19, 1911. The petition alleges, that on January 31, 1911, the defendant listed with the plaintiffs, for the purpose of sale, certain real estate described, entering into a written contract (a copy of which- is exhibited-), in which it was agreed that the plaintiffs should secure a purchaser for the property at a stated price, and that, should the plaintiffs secure such a purchaser, the defendant would pay them a…
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Complaint; from city court of Atlanta — Judge Reid. October 19, 1911. The petition alleges, that on January 31, 1911, the defendant listed with the plaintiffs, for the purpose of sale, certain real estate described, entering into a written contract (a copy of which- is exhibited-), in which it was agreed that the plaintiffs should secure a purchaser for the property at a stated price, and that, should the plaintiffs secure such a purchaser, the defendant would pay them a stated commission; that on February 6, 1911, the plaintiffs “secured from R. H. Hankinson his consent to purchase” the…
1Opinion of the CourtHill, C. J.
Where a broker, during the agency, finds a purchaser ready,
able, and willing to buy, and who actually offers to buy, on the terms stipulated by the owner, his commission is earned. Civil, Code (1910), § 3587. Or if, during the agency, the broker enters into a contract in behalf of his principal which is mutually binding and enforceable, the broker has fully complied with his obligation and is entitled to his commission. In order, however, for .the broker to recover a commission on the latter theory, he must allege and prove either that the owner or the purchaser refused, to comply, without…
2Cases cited10 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Doonan v. IvesSupreme Court of Georgia · 1885
- Phinizy v. BushSupreme Court of Georgia · 1907
- Cooper v. Portner Brewing Co.Supreme Court of Georgia · 1901
- Emery v. Atlanta Real Estate ExchangeSupreme Court of Georgia · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Case Threshing Machine Co. v. BinnsCourt of Appeals of Georgia · 1918
- Maxwell v. TuckerCourt of Appeals of Georgia · 1968
- Crawford v. EnglishCourt of Appeals of Georgia · 1921
- Wilmot & Cosby v. SilvermanCourt of Appeals of Georgia · 1921
- Davis v. HolbrookCourt of Appeals of Georgia · 1947
2 more not listed; retrieve them via the Exa API.