Hale v. Chatham

Hale v. Chatham, 86 S.E.2d 536 (Ga. Ct. App. 1955)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: February 25, 1955
Docket: No. 35549
Judges: Townsend, Gardner, Carlisle
Citations: 86 S.E.2d 53691 Ga. App. 5191955 Ga. App. LEXIS 795

Cited by 6

Opinion — Townsend

Townsend, J.

An action brought by a real-estate broker to recover damages for breach of an alleged contract for commissions is subject to *520 general demurrer when, it fails to allege that the broker has fully complied with the license laws of this State. (Regarding the necessity for license, see Code § 84-1413.) It is immaterial whether the point was argued and considered in the trial court or not.

Cline v. Crane, 90

Ga. App.

192 ( 82 S. E. 2d 175 );

Mayo v. Lynes, 80

Ga. App.

4 ( 55 S. E. 2d 174 );

Moody v. Foster, 74

Ga. App.

829 (3) ( 41 S. E. 2d 560 ). Accordingly, the petition here by a real-estate broker, seeking to recover commissions on an alleged exclusive listing contract, but failing to allege that the broker was legally licensed as such, was subject to general demurrer, and the trial court erred in overruling the same.

Gardner, P. J., and Carlisle, J., concur.

Decided February 25, 1955.

Fraser & Shelfer, for plaintiff in error.

Wright, Oxford & Love, Clifford Oxford, contra.

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →

State Appellate Courts6

Relies on it most ⓘ

Nussbaum v. Shaffer124 S.E.2d 658 (Ga. Ct. App. 1962)
Maxwell v. Tucker165 S.E.2d 459 (Ga. Ct. App. 1968)
Culverhouse v. Atlanta Ass'n for Convalescent Aged Persons, Inc.194 S.E.2d 299 (Ga. Ct. App. 1972)
Brewer-Head Co. v. Jackson98 S.E.2d 167 (Ga. Ct. App. 1957)
Webster Cason & Associates, Inc. v. Lackie150 S.E.2d 321 (Ga. Ct. App. 1966)
Charles F. Noyes Co. v. Hadsell136 S.E.2d 923 (Ga. Ct. App. 1964)

Most recent

Culverhouse v. Atlanta Ass'n for Convalescent Aged Persons, Inc.194 S.E.2d 299 (Ga. Ct. App. 1972)
Maxwell v. Tucker165 S.E.2d 459 (Ga. Ct. App. 1968)
Webster Cason & Associates, Inc. v. Lackie150 S.E.2d 321 (Ga. Ct. App. 1966)
Charles F. Noyes Co. v. Hadsell136 S.E.2d 923 (Ga. Ct. App. 1964)
Nussbaum v. Shaffer124 S.E.2d 658 (Ga. Ct. App. 1962)
Brewer-Head Co. v. Jackson98 S.E.2d 167 (Ga. Ct. App. 1957)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Mayo v. Lynes, 55 S.E.2d 174 (Ga. Ct. App. 1949)	10
	Moody v. Foster, 41 S.E.2d 560 (Ga. Ct. App. 1947)	9
	Cline v. Crane, 82 S.E.2d 175 (Ga. Ct. App. 1954)	6

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