73 Ga. 295 | Ga. | 1885
The defendants in error sued the plaintiff in error for commissions as .brokers, and recovered. A motion for a new trial was overruled, and plaintiff in error excepted.
The ease, to say the least, is quite close whether the plaintiffs below can recover on the facts, and any material error should operate to make a new trial necessary to the ends of justice. The brokers must have done something to earn their commissions. They must either have sold the property or have been the procuring cause of the sale. If Keely, though spoken to by them, had abandoned all idea of the trade, and they had no influence at all in bringing it about, we do not see how they were the procuring cause of the sale, and entitled to commissions. 83 N. Y., 378; 20 Howard, U. S., 221.
Because one puts property in the hands of brokers to sell, it does not follow that he himself cannot sell. If he does not use their labor to help him, he owes them nothing ; if he does use it, and puts in to take the trade — its consummation — out of their hands so as to escape paying them, then ex equo et bom, he does owe them, and must pay just what they could have made by the contract if he had not prevented it. This is sound sense and good law,
The cream and reason and spirit of the authorities cited on both sides do not collide with what is said above; if ■any of them do collide, we adopt the adverse line. Indeed, Hyams vs. Miller, trustee, 71 Ga., 608, rules the principle above stated.
Judgment reversed.
Cited for plaintiff in error, 18 Am. Law R., p. 926, an Iowa case; 53 Wisconsin, 41; 29 Minn., 126; 83 N. Y., 378; 55 Id., 322; 61 Id, 415; 51 Id., 124; 49 Id., 561; 63 Id., 448; 41 How. Pr., 145; 20 How. U. S., 221; 22 How., 72; 54 Penn. St., 394; Wharton on Ag’cy, §§325, 326, 327.
For defendants, Cent. Law Jour., April 18, 1884., p. 317, a Md. case; Story on Sales, 86; 54 Pa., 394; 9 Ves., 234; 20 How. U. S., 221; 22 Id., 69; 54 Pa. St., 394; 32 Minn., 664; 36 Conn., 136; 79 Ill., 435; 46 Mo., 555; 59 Ind., 275; 9 Mo., 216; 46 Ga., 80.