The Bentley Group, Ltd. v. Paces Ferry Anesthesiology Associates

Beasley, Judge.

The Bentley Group appeals from involuntary dismissal of its suit by the trial court pursuant to OCGA § 9-11-41 (b). Only count one, seeking to recover a commission under an exclusive listing real estate contract, is at issue. Count two based on quantum meruit, is not. See Ga. Intl. Life Ins. Co. v. Huckabee, 175 Ga. App. 343, 346 (333 SE2d 618) (1985).

The contract, prepared by Bentley, refers to the property description and describes the tract as “33.8 + or — acres.” The price is $16,500 “per survey acre” and the terms are “all cash at closing.” A printed provision is that:…