26 Ga. App. 663 | Ga. Ct. App. | 1921
Lead Opinion
1. The owner of certain real estate wrote to a broker that he would sell the property for a certain sum net to him (the owner), and the broker procured a purchaser who was able, willing, and ready to buy at a price in excess of the amount named, but the owner refused to sell. Held, that the terms of the agreement on the part of the owner did not import an offer on his part to pay the broker the excess in the amount which the purchaser was willing to pay for the property, above the sum named, for which the owner was willing to sell it.
2. A petition alleging the foregoing facts and praying for judgment for a sum equal to the excess in the amount at which the alleged purchaser was willing to buy, above the “net” amount at which the owner was willing to sell, was demurrable. Matheney v. Godin, 130 Ga. 713 (61 S. E. 703).
Judgment affirmed.
Dissenting Opinion
dissenting. I think, upon the particular facts pleaded, we might distinguish this case from that of Matheney v. Godin, supra. In the opinion of the writer the petition is sufficient to show a contract whereby the broker was to receive for his services the sum in excess of the price at which the owner agreed to sell the property.