45 S.E.2d 448 | Ga. Ct. App. | 1947
1. Count 1 of a petition by a real-estate broker which alleged that he was retained by the plaintiff to purchase certain described property for a specified commission based on the purchase-price of the property and that the plaintiff contacted the owner and ascertained she was willing to sell the property and negotiated with the owner's agent with respect as to what was the reasonable value of the property and that the defendant used the plaintiff's labor in getting the purchase-price substantially reduced from the original amount asked by the owner and used information furnished by the plaintiff in going directly to the owner's agent and purchasing the property through him in an effort to defeat the plaintiff's right to his commissions, stated a cause of action as against a general demurrer, it being alleged that the plaintiff's effort was the procuring cause of the sale and culminated in the defendant's purchasing the property for a slightly larger amount than he had authorized the plaintiff to pay for it.
2-4. The court did not err in overruling the special demurrers of the defendant.
3. Count 2 of the petition, which alleged the character and extent of the services performed by the plaintiff and what were the reasonable or ordinary charges among real-estate brokers for services of like character in the same community and that such services were accepted by the defendant and were the procuring cause of the sale and culminated in the defendant's purchase of the property, though for a slightly larger *192 sum than that which he had authorized the plaintiff to give for it, stated a cause of action for the reasonable value of such services, as against the general demurrer thereto.
5. Each count of the petition stated a cause of action and the petition was not subject to the special demurrers urged against it, and the trial judge did not err in overruling the general and special demurrers thereto.
The allegations of count 2 of the petition were substantially the same as those of count 1, except that it was alleged that the services of the plaintiff were to continue until terminated by the purchase of the property or notice by the defendant to abandon further efforts to purchase the property and that they were to be performed within a period of one year. In this count, judgment was sought in the sum of $562.50, which was alleged to be the reasonable value of the services rendered by the plaintiff to the defendant.
The defendant filed general and special demurrers to each count of the petition. The trial judge overruled the demurrers, and the defendant excepted.
1. In count 1 of the petition, the plaintiff set out that he was employed to purchase certain described property for the defendant and that he entered upon his employment and contacted the owner of the property and discussed the sale with the owner's agent, but that the defendant, in an effort to defeat paying the plaintiff the commission agreed upon, went directly to the owner's agent and purchased the property for a slightly higher amount than he had authorized the plaintiff to pay for the property. The petition further alleged that the plaintiff's efforts and negotiations were the procuring cause of the sale and that they culminated in the plaintiff's purchase of the property. "A real-estate agent employed to purchase land is as much entitled to be compensated, in accordance with his contract, as one employed to sell land in behalf of the owner." Roberts v. Martin,
2. In paragraph 10 of count 1 of the petition, the plaintiff alleged, in part, that he "would have completed the sale for the price of $8500, but for the actions of the defendant in dealing directly with the agent for the seller and completing the transaction for $8750." The defendant demurred specially to this allegation upon the ground that it is "a mere conclusion of the pleader and is in no way supported by any allegations of the petition." The court did not err in overruling the special demurrer, under the allegations of the petition that the plaintiff told the defendant he would continue to work on the purchase for him and "that the sale would be completed for the price of $8500." Whether or not the seller would have conveyed the property for this sum or would have insisted upon receiving a larger sum is an issue of fact for the jury, under the allegations of the petition. The case cited and relied upon by the plaintiff in error, Craigmiles v. Steyerman,
3. The plaintiff seeks to recover in count 2 of the petition upon a quantum meruit for the reasonable value of his services, which he alleged to be $562.50. "Ordinarily, when one renders services or transfers property valuable to another, which the latter accepts, a promise is implied to pay the reasonable value thereof." Code, § 3-107. It was held in Kraft v. Rowland,
4. For the reasons set out in division 2 of this opinion, the court did not err in overruling the special demurrer to the allegations of count 2 of the petition to the effect that the plaintiff would have completed the purchase of the property for the price of $8500 except for the action of the defendant in dealing directly with the seller's agent and purchasing the property for a slightly higher amount. *196
5. Each count of the petition stated a cause of action and it was not subject to the special demurrers urged against it, and the judge did not err in overruling the demurrers.
Judgment affirmed. Felton and Parker, JJ., concur.