60 Ga. App. 560 | Ga. Ct. App. | 1939
A. S. Thompson brought suit against Preston B. Weeks to recover $300 as commission due him on the sale by him, as broker for Weeks, of the lease and furnishings of a hotel at Eatonton, Georgia. The jury returned a -verdict in favor of the defendant, and the exception'is to the judgment overruling the plaintiff’s motion for new trial.
Under the record the verdict was supported by sufficient evidence. The jury was authorized to find in substance as follows: Thompson, having a prospect, Miss Bessie Murphy, interested in the purchase of a hotel lease and furnishings, entered into negotiations with Weeks, who had a lease on a hotel at Eatonton. Without giving him the exclusive right to sell, Weeks agreed that if Thompson should be able to obtain an offer of $2000 cash it would be accepted. No trade was effected on this basis. On June 21, 1937, Thompson introduced Miss Murphy to Weeks, and the hotel was inspected. She offered to pay $1500 cash, but Weeks would not accept less than $2000 cash. In August, 1937, she purchased a hotel lease in Commerce, Georgia, and wrote to Weeks that “the deal was off.” She disposed of this lease, and in November, 1937, negotiations with Weeks were resumed through Thompson; but Weeks, having installed a new range and put in a car-load of coal and some wood, would not sell for less than $3000 cash. Miss Murphy offered, through Thompson, $1500 cash, the balance to be paid in installments, but Weeks would not accept the counter-terms. Thompson endeavored to interest Miss Murphy in other hotels, and no further offers were made to Weeks. It appeared that he had become weary of showing her around without effecting a sale, and so expressed himself; and Miss Murphy, for reasons testified to by her, had become dissatisfied with Thompson, and was through with him. In January, 1938, she got in touch with another broker, one Carrington, and while they were on a tour of inspecting hotels they stopped by Eatonton, and with Weeks she entered into a purchase of the hotel lease and furnishings for a consideration of $3000, making a cash payment of $2500 and giving notes for the balance. Weeks, in the meantime, had not interfered with Thompson and Miss Murphy, pending their negotiations or’ at any time, and. had not sought out Carrington to sell to Miss Murphy.
The general rule as to.the liability of an owner to a broker for
“Where one broker, with the knowledge of the owner, has interested a customer in the purchase, and, while negotiations with the broker are still pending, the owner proceeds to close the sale with the same customer through another broker, who first presents the customer as ready, able, and willing to buy, and actually offering to buy, at the price and on the terms stipulated by the owner; and where the owner, pending such negotiations, has committed no act of bad faith amounting to a failure to remain neutral between the brokers, or to an interference in favor of the broker actually closing the sale, the broker thus actually closing the trade can not
Judgment ¡affirmed.