Danfair Properties, Inc. v. Bowen, A96A0878
| Decision Date | 06 August 1996 |
| Docket Number | No. A96A0878,A96A0878 |
| Citation | 474 S.E.2d 295,222 Ga.App. 425 |
| Parties | DANFAIR PROPERTIES, INC. et al. v. BOWEN. |
| Court | Georgia Court of Appeals |
Ellis, Easterlin, Peagler, Gatewood, Harper & Skipper, John V. Harper, Americus, for appellants.
Vansant, Corriere, McClure & Dasher, Alfred N. Corriere, Albany, for appellee.
HAROLD R. BANKE, Senior Appellate Judge.
Andrew Bowen sued his former employer, Danfair Properties, Inc. ("Danfair"), and its president, Reginald Daniel, for $59,961.28 in commissions Bowen allegedly earned during the three years he assisted Danfair in developing properties funded by the Farmers Home Administration ("FHA"). Danfair and Daniel appeal a jury verdict for Bowen.
Bowen alleged that he was hired with the oral understanding that he would receive a salary, mileage, a percentage of the real estate commissions, and a $350 bonus on each home the FHA actually funded. Daniel paid only $3,500 of the total amount allegedly owed as bonuses, claiming they were payable only if the project was profitable. After Bowen complained to Daniel about being paid less than they had agreed to, Daniel reduced his version of the agreement to writing. Under Daniel's version, Bowen was to receive a bonus of $350 per unit on three named complexes but only $250 on any other complexes. This response convinced Bowen that Daniel was never going to pay him the full amount. Bowen then resigned and brought this action. Held:
The trial court correctly denied Daniel and Danfair's motion for directed verdict. A directed verdict is proper only if there are no conflicts in the evidence on any material issue and the evidence demands a particular verdict. OCGA § 9-11-50(a); Vickery Ins. Agency v. Chambers, 215 Ga.App. 48, 50, 449 S.E.2d 885 (1994). If any evidence, viewed in the light most favorable to the victor, supported the jury's verdict, denial of the motion was not error. Professional Consulting, etc. v. Ibrahim, 206 Ga.App. 663, 665(1), 426 S.E.2d 376 (1992).
Here, Bowen testified that Daniel agreed to pay him $350 per apartment unit constructed. Bowen offered as proof a note Daniel wrote to him which stated that Bowen was owed a $350 per unit bonus on two specified sites which totaled $21,300 to be paid when Daniel received his share of the "syndication proceeds." Daniel admitted he paid only $3500 of this amount, maintaining that he never received the syndication proceeds. Daniel testified that Bowen had performed the work required under the contract....
To continue reading
Request your trial
-
Turner Brd. System Inc v. Mcdavid, A09A2314.
...764-766(1), 510 S.E.2d 52 (1998) (breach of contract claim based upon evidence of a binding oral agreement); Danfair Properties v. Bowen, 222 Ga.App. 425, 474 S.E.2d 295 (1996) (affirming jury verdict awarding plaintiff commissions based upon an oral employment agreement); Gen. Hosps. of Hu......
-
Murphy v. HOSANNA YOUTH FACILITIES, INC.
...for the jury." Legg v. Stovall Tire & Marine, 245 Ga.App. 594, 596, 538 S.E.2d 489 (2000) (emphasis added); Danfair Properties v. Bowen, 222 Ga.App. 425, 426, 474 S.E.2d 295 (1996). The parties dispute the facts regarding the negotiation of the agreement at issue in this It is a disputed qu......
-
Dye v. Mech. Enterprises Inc.
...they understood how to compute the percentage of profits the employee was entitled to for his services); Danfair Properties, Inc. v. Bowen, 222 Ga.App. 425, 426, 474 S.E.2d 295 (1996) (motion for directed verdict properly denied because fact that the employer contested whether there was a m......
-
Brock v. Douglas Kohoutek, L.P.
...there are no conflicts in the evidence on any material issue and the evidence demands a particular verdict. Danfair Properties v. Bowen, 222 Ga.App. 425, 426, 474 S.E.2d 295 (1996); see OCGA § 9-11-50(a). The standard for j.n.o.v. is the same, and appellate review of a trial court's ruling ......