48 S.E.2d 784 | Ga. Ct. App. | 1948
1. A custom may not be shown to be a part of an unambiguous contract when such custom is inconsistent with or contrary to the express or necessarily implied terms of the contract.
2. The facts alleged in the defendant's answer do not show a right in the defendant to recover from the plaintiff 50% of the commissions earned by the plaintiff on the sale of real estate which had been listed with the defendant at a time when the plaintiff was employed by the defendant as a salesman, there being no allegations of breach of trust, duty or confidence on the part of the plaintiff, the sale by the plaintiff having been made after the termination of the agency.
2. "It may be generally stated that one having completed his office as agent or in good faith severed his relationship is free to begin negotiations on his own behalf and may operate adversely to the interests of his former principal as fully as any other individual. Due to the previous trust relationship, however, such subsequent transactions will be subjected to a rigorous examination to see that the former agent did not abuse his position of trust and influence, or in any way fail in his attitude as agent *379
during the agency. An agent will not be permitted to terminate an agency in order to take advantage of his principal's condition or to profit by information resulting from his agency." 3 C. J. S., p. 28, § 146. See, in this connection, Stein v. National LifeAssn.,
The court did not err in sustaining the demurrers to the answer and in rendering final judgment for the plaintiff.
Judgment affirmed. Sutton, C. J., and Parker, J., concur.