26 Ga. App. 196 | Ga. Ct. App. | 1921
1. Where a real-estate broker, during the agency, procures a purchaser ready, able, and willing to buy, and who actually offers to buy on the terms stipulated by the owner, the broker’s commissions are earned. Civil Code (1910), § 3587.
(a) In such a case the broker can recover commissions notwithstanding the absence of a contract of sale binding alike on seller and purchaser. Humphries v. Smith, 5 Ga. A.pp. 340 (63 S. E. 248). In the case just cited this court did not hold that a broker is not entitled to commissions unless he has brought the prospective purchaser into the actual presence of the owner. His commissions are earned when he finds a purchaser ready, able, and willing to buy, and who notifies the broker that he will buy on the terms stipulated by the owner, and when the owner is informed of this fact.
2. Under the above rulings, and the undisputed evidence adduced on the trial of the instant case, the municipal court of Atlanta erred in awarding a nonsuit, and the judge of the superior court erred in overruling the certiorari.
Judgment reversed.