Payne v. Ponder
Supreme Court of Georgia
Complaint. Before Judge Bell. Fulton superior court. October 26, 1911. John M. Ponder brought suit against J. Carroll Payne and E. Woodruff, alleging in substance as follows: The defendants represented to tbe plaintiff that they were the owners of certain real estate located at the southeast corner of Marietta Street and North Avenue in the City of.
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Complaint. Before Judge Bell. Fulton superior court. October 26, 1911. John M. Ponder brought suit against J. Carroll Payne and E. Woodruff, alleging in substance as follows: The defendants represented to tbe plaintiff that they were the owners of certain real estate located at the southeast corner of Marietta Street and North Avenue in the City of. Atlanta, and listed it for sale with the plaintiff, who is a real estate agent, authorizing him to sell it, and agreeing to pay him a commission of five per cent., on the first $2,000, and two and one half per cent, on the excess of the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) The general rule as to when a broker has earned his commission is thus stated in the code: “The fact that property is placed in the hands of a broker to sell does not prevent the owner from selling, unless otherwise agreed. The broker’s commissions are earned when, during the agency, he finds a purchaser ready, able, and willing to buy, and who actually offers to buy on the terms stipulated by the owner.” Civil Code, § 3587. The petition alleged, that the broker procured two purchasers who made a written proposition to purchase on terms stated, and this…
2Cases cited9 opinions
- Coleman's Ex'r v. MeadeCourt of Appeals of Kentucky · 1877
- Phinizy v. BushSupreme Court of Georgia · 1907
- Condict v. . CowdreyNew York Court of Appeals · 1893
- Riggs v. TurnbullCourt of Appeals of Maryland · 1907
- Moore v. IrwinSupreme Court of Arkansas · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Oregon Home Builders v. Montgomery Inv. Co.Oregon Supreme Court · 1919
- Williams v. EnglerNew Mexico Supreme Court · 1942
- Williamson, Inman & Co. v. ThompsonCourt of Appeals of Georgia · 1936
- Hunter v. Benamy Realty Co.Court of Appeals of Georgia · 1967
- Landrum v. Lipscomb-Ellis Co.Court of Appeals of Georgia · 1940
21 more not listed; retrieve them via the Exa API.