100 Ga. App. 673 | Ga. Ct. App. | 1959
The evidence is entirely sufficient to sustain the verdict of the jury.
Special ground 1 assigns error because it is contended that the court erred in charging the jury that if the defendants sold lots upon which commissions had been promised by the defendants such would be the basis of the recovery. The judge was charging correctly in view of the pleadings and the evidence when he charged the excerpt of which complaint is made in special ground 1. This special ground is not meritorious.
Special ground 3 contends that the charge of the court as a whole was prejudicial to the defendants because (a) the court at no time instructed the jury on any finding upon which a jury could base a verdict, and (b) the court never instructed the jury that a verdict could be returned for any sum less than $4,800. Counsel for the defendants cite, in support of this contention, Seaboard Air-Line Ry. v. Sikes, 4 Ga. App. 7 (6) (60 S. E. 868). In that case it was held that the contentions of all parties concerned should be charged. This is the correct principle of law and is of course applicable to the case at bar. Counsel also cites Harris v. Gay, 16 Ga. App. 342 (85 S. E. 355) to the same effect. We have read the entire charge of the court and it appears that the court charged fairly and adequately the contentions of the parties at bar. This special ground is not meritorious.
Special ground 4 assigns error because it is contended that the court said in charging the jury that the duty of the seller would end when a purchaser able and willing to buy and who actually purchased was secured, and that there would be no obligation to follow through and see that the houses were built or closed. The record does not disclose that it was up to the plaintiff to finance the building of the houses but rather when he sold the lot he had made half of the commission and when a house was completed on the lot the other half was earned. The evidence, as we interpret it, puts the duty of financing on someone other than the plaintiff. For this reason the judge did not err in charging the jury as contended in special ground 4.
Special ground 5 assigns error because it is alleged that
The judge properly overruled the demurrers of both the defendants.
The court did not err in any of the rulings and therefore did not err in denying the motion for a new trial.
Judgment affirmed.