Brannen/Goddard Co. v. PNC REALTY HOLDING
| Decision Date | 02 June 1999 |
| Docket Number | No. A99A0045.,A99A0045. |
| Citation | 519 S.E.2d 35,238 Ga. App. 387 |
| Parties | BRANNEN/GODDARD COMPANY et al. v. PNC REALTY HOLDING CORPORATION OF GEORGIA. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Harman, Owen, Saunders & Sweeney, Perry A. Phillips, Atlanta, for appellants.
Parker, Hudson, Rainer & Dobbs, J. Marbury Rainer, Charles W. Lyons, Atlanta, for appellee.
Brannen/Goddard Company (B/G) and King Industrial Realty, Inc. (King), real estate brokers, sued PNC Realty Holding Corporation of Georgia (PNC) and Nolan Road West, Ltd. (Nolan) alleging that either PNC or Nolan owes them real estate commissions for procuring a tenant which leased commercial property owned first by Nolan then transferred by Nolan to PNC. After the property was leased, Nolan entered into a commission agreement with B/G and King, but claimed that PNC assumed the obligation to pay commissions due under the agreement when the property was transferred to PNC and the lease was assigned to PNC pursuant to a lease assignment agreement. PNC moved for summary judgment claiming that nothing in the lease assignment showed that it agreed to assume Nolan's obligation to pay commissions to B/G and King. The trial court granted summary judgment to PNC, and B/G and King appeal.
The 1987 commission agreement recognized that B/G and King procured a tenant which leased commercial property owned by Nolan and provided that, as compensation for this service, Nolan would pay commissions to B/G and King during the term of the lease, during any extension or renewal of the lease, or during any new lease of the property to the same tenant. In January 1992, Nolan and the tenant entered into a new lease of the property. The new lease provided in part that "[Nolan] hereby agrees to pay any broker's commissions due to [B/G] and [King]."
After defaulting on loan obligations to PNC Bank Corporation, Nolan transferred the leased property to PNC in September 1992 to settle those obligations. As part of the settlement, Nolan and PNC entered into a lease assignment agreement in September 1992 which provided in part that:
The settlement agreement between Nolan and PNC provided that the effective date referred to in the lease assignment was a date no later than September 14, 1992.
In moving for summary judgment, PNC contended that the 1987 commission agreement between Nolan and B/G and King created an obligation on the part of Nolan to pay the commissions, and that PNC was not a party to that agreement nor did it assume Nolan's obligation under the agreement when the lease was assigned to PNC in the September 1992 lease assignment agreement. In responding to the motion for summary judgment, B/G and King contended that a question of fact was presented as to whether, under the lease assignment, PNC assumed...
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