82 Ga. App. 774 | Ga. Ct. App. | 1950
It does not appear from the plaintiff’s petition that he was a broker, engaged in the business of selling property. On the other hand, it does not appear that he was not such a broker and licensed to sell on a commission basis. The petition is
As against a general demurrer, the petition sets out a contract between the plaintiff and the defendant for the sale of the cafe for the sum of $11,000 net to the seller, the plaintiff to be entitled to all which the seller received over and above this sum of $11,000; and when the plaintiff talked with his prospective purchaser, stating to him that the restaurant could be bought for $12,000, such prospective purchaser said that he would pay that sum, and then the plaintiff informed the defendant that he had a prospective buyer for the cafe for $12,000, and the defendant told the plaintiff to show the cafe to such prospective buyer, which the plaintiff did, then the seller was due the $1000 as a broker’s fee. Thereafter, the sale was completed and the cafe sold by the defendant to this buyer for $12,000, which was $1000 more than the defendant stated to the plaintiff that he would take net for the cafe. The plaintiff requested that the defendant pay to him this difference of $1000, and the defendant refused to do so. As against the general demurrer, the petition shows a contract between the plaintiff and the defendant for the sale of this cafe, and that the plaintiff completed his part of the contract, and that as a result thereof the defendant sold the cafe and received $11,000, and he received $1000 in addition, which he had agreed to pay the plaintiff. See generally Gilmer v. Carnes, 81 Ga. App. 555 (59 S. E. 2d, 292). The fact that the plaintiff, after procuring the purchaser and securing an understanding as to the price to be paid by the buyer, left the buyer with the seller, evidently to talk over the trade and work
The petition was not subject to the general demurrer urged, and the trial judge did not err in overruling same. The verdict in favor of the plaintiff for $1000 is a second verdict for this amount.
It follows that the trial judge did not err in overruling the defendant’s general demurrer, contained in the exceptions pendente lite and did not err in overruling the general grounds of the motion for a new trial.