139 Ga. 46 | Ga. | 1912
' The plaintiff sued the defendant to recover commissions claimed to be due him as a real estate agent or broker. The petition was dismissed on demurrer.
This offer differed from the authority given to the agent in several particulars. It provided, not for the making of “good and sufficient title,” as did the authority, but for “satisfactory title,” that is satisfactory to the buyer. It was dated August 30, 1909, and stated that interest on deferred payments of purchase-money should begin to run, not from the closing of the contract or delivery of the property, but from the first of the following January. It expressly made the trade subject to the written approval of Mr. and Mrs. Stubbs within five days from its date. There was nothing in the contract between Stubbs and Parker which showed any authority to agree to these terms. Accordingly, if the principal did
As the proposed amendment failed to cure the substantial defects in the petition, there was no error in rejecting it and sustaining the demurrer.
Judgment affirmed.