Morris v. Moore
Morris v. Moore, 85 S.E. 635 (Ga. 1915)
Summary
Complaint. Before Judge Ellis. Fulton superior court. April 10, 1914.
Miss Willie A. Morris brought suit against G. R. Moore, a real-estate agent, on an alleged contract by the terms of which he agreed to pay her fifty per cent, of the commission that was paid to him on sale of real estate, where the plaintiff helped in making such sale. In the instant case it was alleged and proved that the plaintiff was instrumental in bringing about the sale of the property the commissions on which are in controversy. The defendant answered, and averred, among other things, that the plaintiff had not paid to the ordinary of Fulton county a license-tax as required of a real-estate agent in Fulton county, and therefore was not entitled, under the law, to commissions on real-estate sales effected by such agent, At the conclusion of the testimony for the plaintiff, which was in support of her petition, the court granted a nonsuit on the ground that the plaintiff had failed to register with the ordinary of Fulton county as a real-estate agent and to pay the tax required of such agents. To this judgment the plaintiff excepted.
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Opinion of the Court
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Hill, J.
This case is controlled by the decision in the case of Toole v. Wiregrass Development Co., 142 Ga. 57 ( 82 S. E. 514 ).
Judgment reversed.
All the Justices concur.
Etheridge & Eihericlge, for plaintiff.
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