Tidwell & Yarbrough Realty Co. v. Foster

Jordan, Presiding Judge.

Tidwell & Yarbrough Realty Company and one of its salesmen, Brown, sought damages from Foster and Short based on the loss of a commission on the sale of realty. Short and another purchased the property by dealing directly with Foster.

In Count I the plaintiffs claim that they were the procuring cause of the sale. In Count II they allege additionally a conspiracy between Foster and Short to deprive them of a commission.

The plaintiffs appeal from a judgment n.o.v. in favor of the defendants. Held:

1. "In order for a broker to earn a commission on account of the sale of…