27 Ga. App. 465 | Ga. Ct. App. | 1921
1. The allegations of. the petition as amended plainly and distinctly set forth a cause of action arising from the failure of the defendant to perform her contract to pay the plaintiff for services rendered in the sale of real estate under an express contract for a definite amount. The demurrers thereto were properly overruled.
2. The trial judge has the discretion to reopen a case after the plaintiff has announced closed, and to allow the plaintiff to introduce relevant and material evidence to avoid a nonsuit. McColgan v. McKay, 25 Ga. 631; Cushman v. Coleman, 92 Ga. 772 (19 S. E. 46).
3. The evidence is sufficient to show the agency of the husband for the wife (the defendant) in making the contract with the real-estate broker (the plaintiff) for the sale of her property. Besides, she ratified the contract and received the benefit of it. Only slight evidence was necessary to charge her. Akers v. Kirke, 91 Ga. 590 (18 S. E. 366).
Judgment affirmed.