Dobbs v. Conyers

• Decision Date: 28 February 1927
• Docket Number: 17316.
• Citation: 137 S.E. 298,36 Ga.App. 511
• Parties: DOBBS v. CONYERS et al.
• Court: Georgia Court of Appeals

137 S.E. 298

36 Ga.App. 511

DOBBS v. CONYERS et al.

No. 17316.

Court of Appeals of Georgia, Second Division

February 28, 1927

Rehearing Denied March 5, 1927.

Error from Superior Court, Fulton County; John D. Humphries, Judge.

Action by J. L. Conyers and others against Alice Dobbs. Judgment for defendant, new trial having been denied by the appellate division of the municipal court, was reversed by the superior court on certiorari, and defendant brings error. Affirmed.

Bryan & Middlebrooks and John A. Dunaway, all of Atlanta, for plaintiff in error.

J. Lon Duckworth and McElreath & Scott, all of Atlanta, for defendants in error.

Syllabus OPINION.

STEPHENS J.

1. A contract by which the owner of real estate lists the property with a real estate agent for sale "exclusively for 30 days from date" will be construed as giving to the agent the right to an exclusive listing for 30 full days exclusive of the day upon which the contract is executed. 26 R.C.L 740-742; 38 Cyc. 320, 321; Allen v. Effler, 144 Tenn. 685, 235 S.W. 67, 68; Lowman v. Shotkoski, 106 Neb. 540, 184 N.W. 107 (3). Where such a contract is executed on April 2, the last day upon which the agent can exercise the right therein given for an exclusive handling of the property is the 2d day of May.

2. Where such contract of exclusive listing provides that the owner agrees to pay to the real estate agent the "regular real estate commission if sold by [the agent] or any one else during that time," the word "sold" has reference not only to an executed sale by the owner whereby a bond for title or a deed of conveyance is executed and delivered by the owner, but also to an executory contract of sale of the property, made and entered into by the owner.

3. Where, during the term of the exclusive listing of the property and on the last day of that term, which was Saturday, May 2, the owner signed and accepted a written proposal to purchase the property, made by a purchaser through another real estate agent, with whom the purchaser had made a deposit of a certain sum as earnest money, and where on that date the owner executed a deed of conveyance to the purchaser, and the purchaser executed notes payable to the owner for the balance due upon the agreed purchase price and also executed to the owner a deed to the property to secure the notes, but where all the papers bore date of May 4, which was Monday and two days after the expiration of the period of exclusive listing, and where it was agreed between the owner and...