11 Ga. App. 156 | Ga. Ct. App. | 1912
Where a broker, during the agency, finds a purchaser ready,
able, and willing to buy, and who actually offers to buy, on the terms stipulated by the owner, his commission is earned. Civil, Code (1910), § 3587. Or if, during the agency, the broker enters into a contract in behalf of his principal which is mutually binding and enforceable, the broker has fully complied with his obligation and is entitled to his commission. In order, however, for .the broker to recover a commission on the latter theory, he must allege and prove either that the owner or the purchaser refused, to comply, without legal cause, and that when the purchaser refused to comply he was solvent, or that the question of his solvency had been waived by the owner. Applying these principles to the allegations of - the petition, the demurrer thereto should have been sustained.
Judgment reversed.