Boss & Bowen, Inc. v. Head Realty Co.
| Decision Date | 23 January 1976 |
| Docket Number | No. 2,No. 51572,51572,2 |
| Citation | 137 Ga.App. 553,224 S.E.2d 459 |
| Parties | BOSS & BOWEN, INC. v. HEAD REALTY COMPANY |
| Court | Georgia Court of Appeals |
Guy J. Notte, Lithonia, for appellant.
Vaughn, Barksdale & Nation, Sidney L. Nation, Conyers, for appellee.
Head Realty Company brought an action against Boss & Bowen, Inc., seeking recovery of commissions for the sale of two houses in a subdivision of the defendant. The contract was dated August 26, 1974, and contained the following provisions:
'In consideration of your acceptance of the terms of this agreement and of your promise to list, to offer for sale and to endeavor to sell my property hereinafter described, to advertise the same in such manner as you may deem advisable and further to enlist in this behalf the best efforts of your organization in its ordinary course of business, I hereby give and grant you for a period of 90 days from the date of this instrument, the exclusive right and authority to sell the property hereinafter described, for the price and upon the terms hereinafter set forth.
'I hereby further agree upon the considerations herein above mentioned, to pay you a 5% commission, whether such sale be made by you or me, or by any other person acting for me or in my behalf, upon the terms hereinafter mentioned, or upon any other terms acceptable to me; or if the property is afterwards sold within three (3) months from the termination of this agency, to a purchaser to whom it was submitted by you during the continuance of said agency, and whose name or names have been disclosed to me in writing during said agency.
'Said property is described as Lots 6, 7, 8, and 9, Block A, and Lots 6, and 7, Block B Colonial South Drive, Colonial South Subdivision, Rockdale County, Georgia.
Lot 7, Blk 'A'-$63,900
Lot 8, Blk 'A'-$48,900 (Pascal)
Lot 9, Blk 'A'-$48,900
Lot 6, Blk 'B'-$57,500 (Hart)
Lots 8, Block 'A', and 6, Block 'B' were sold by the owner, defendant, during the 90-day period referred to in the contract, but at less than the price provided for in the contract. The defendant answered and asserted a breach of contract by complainant in not having a salesman on the premises at times agreed upon orally prior to execution of the contract; that complainant was not instrumental in securing or producing the buyers; that complainant did not exercise care in endeavoring to sell the property; that under the contract, defendant had a right to sell without paying commissions. He also counterclaimed for $10,000 damages for loss of sale of one of his houses; which he alleged was occasioned by negligence of the plaintiff.
The jury found for the complainant the amount of his commissions. The defendant appealed....
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McDaniel v. Department of Transp.
...presents nothing for consideration on appeal. Freeman v. Young, 147 Ga. 699, 700(3a), 95 S.E. 236 (1918); Boss & Bowen v. Head Realty, 137 Ga.App. 553, 554(3), 224 S.E.2d 459 (1976). Judgment McMURRAY, P.J., concurs. ANDREWS, J., concurs specially. ANDREWS, Judge, concurring specially. I ag......
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Goodman v. Frolik and Co., Inc.
...Other cases have construed the same language with the addition of an express notice clause. See, e.g., Boss & Bowen, Inc. v. Head Realty Co., 137 Ga.App. 553, 224 S.E.2d 459 (1976); Kenney v. Clark, 120 Ga.App. 16, 18(2)(b), 169 S.E.2d 357 The agreement at issue here, like that in Howington......