Cadranel v. Wildwood Construction Company., 101 Ga. App. 630, 115 S.E.2d 415 (1960)
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Summary
Judgment reversed. Gardner, P. J., Townsend and Carlisle, JJ., concur.
Summary
Judgment reversed. Gardner, P. J., Townsend and Carlisle, JJ., concur.
Text
Lipshutz, Macey, Zusmann & Sikes, John M. Sikes, Jr., for plaintiff in error.
1. "Regardless of whether a petition sets out a cause of action, if the plaintiff proves every fact charged, without at the same time disproving his right to recover by establishing the existence of other undisputed facts which show that he is not entitled to a verdict, it is not proper to award a nonsuit." Clark v. Bandy,
3. "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." Code 4-213. The owner, or another broker, even though there is no exclusive agency provision in the agreement, cannot, with knowledge of negotiations between a prospect and another broker, interfere and by closing the sale defeat the right of the first agent to his commissions. Vaughn v. Clements,
The plaintiff introduced evidence to substantiate each allegation of his petition. In believing the plaintiff's testimony a jury, or a trial judge sitting without intervention of a jury, would be authorized to find that the plaintiff did, in fact, procure a purchaser ready, willing, and able to buy and who actually offered to buy on the terms stipulated by the owner, and, also that the defendant's previous negotiations with another real-estate broker had terminated. There was sufficient evidence in favor of the plaintiff to move his petition as alleged, and it was accordingly error for the trial judge to grant a nonsuit.
Parks & Eisenberg, David S. Eisenberg, contra.
1960
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