Edwards v. Andrews Bros.

Edwards v. Andrews Brothers and vice versa

Edwards v. Andrews Bros., 101 S.E. 775 (Ga. Ct. App. 1920)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: January 6, 1920
Docket: Nos. 10567, 10568
Judges: Luke
Citations: 101 S.E. 77524 Ga. App. 6451920 Ga. App. LEXIS 425

Cited by 15

Summary

Attachment; from city court of Americus—Judge Harper. April 30, 1919.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Luke

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Luke, J.

1. In order for a broker to earn a commission on account of the sale of property, he must either have sold it or been the procuring cause of the sale. The owner may sell the property, and if he does not use the broker’s labor to help in the sale, he owes the broker nothing, but if a purchaser procured by the broker buys from the owner, even at a less price than that given the broker, the owner would be liable for the broker’s commission if the broker’s effort was the procuring cause of the sale. See Doonan v. Ives, 73 Ga. 295 ; Case Threshing Machine Co. v. Binns, 23 Ga. App. 45 (3) ( 97 S. E. 443 ), and- cases cited.

(a) The court did not err in overruling the general and special demurrers of the defendant, nor in overruling the motion to dismiss the case.

(7)) The charge of the court, when read in its entirety, was full and fair. The evidence authorized the verdict, which has the approval of the trial judge, and for no reason assigned was it error to overrule the motion for a new trial.

Judgment on main hill of exceptions affirmed j cross-hill dismissed.

Broyles, G. J., ancl Bloodworth, J., concur.

How later courts describe this case

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

Cited by 15 cases

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Relies on it most ⓘ

Tomlin v. Bickerstaff68 S.E.2d 224 (Ga. Ct. App. 1951)
Wilcox v. Wilcox119 S.E. 445 (Ga. Ct. App. 1923)
Hendrix v. Crosby45 S.E.2d 448 (Ga. Ct. App. 1947)
Erwin v. Wender50 S.E.2d 244 (Ga. Ct. App. 1948)
IDEAL REALTY COMPANY v. Storch183 S.E.2d 520 (Ga. Ct. App. 1971)
Tidwell & Yarbrough Realty Co. v. Foster180 S.E.2d 259 (Ga. Ct. App. 1971)

Most recent

Crawley v. Sexton427 S.E.2d 804 (Ga. Ct. App. 1993)
Newman v. James M. Vardaman & Co.293 S.E.2d 462 (Ga. Ct. App. 1982)
Kingston Development Co. v. Kenerly208 S.E.2d 118 (Ga. Ct. App. 1974)
IDEAL REALTY COMPANY v. Storch183 S.E.2d 520 (Ga. Ct. App. 1971)
Tidwell & Yarbrough Realty Co. v. Foster180 S.E.2d 259 (Ga. Ct. App. 1971)
Murphey, Taylor & Ellis, Inc. v. Williams153 S.E.2d 542 (Ga. 1967)

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
	Doonan v. Ives, 73 Ga. 295 (1885)	56
	Hillside Cotton Mills v. Ellis, 97 S.E. 459 (Ga. Ct. App. 1918)	15
	Case Threshing Mach. Co. v. Binns, 97 S.E. 443 (Ga. Ct. App. 1918)	14

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