Schaffer v. Wolbe
| Decision Date | 05 April 1966 |
| Docket Number | No. 1,No. 41797,41797,1 |
| Citation | 113 Ga.App. 448,148 S.E.2d 437 |
| Parties | Sam SCHAFFER v. Manuel WOLBE |
| Court | Georgia Court of Appeals |
In this case the petition as amended alleged in count 1 that the plaintiff and defendant entered into an oral contract of employment by which the plaintiff was to sell real estate for the defendant real estate broker and was to receive no salary for such services but was to receive 20 percent of the commissions on all sales and leases in which he participated, either by listing the property, drawing the contract, or showing the property to a prospective purchaser who subsequently purchased it; that in 1962 petitioner participated in the sale of certain property in DeKalb County, Georgia, on which there was paid to the defendant a commission of $12,500; that such participation on the part of the plaintiff consisted of initially taking the person who later purchased the property to see it, of having conferences with him and his attorney, and in participating in certain other negotiations which finally resulted in the closing of the transaction ; that upon the closing the defendant advised petitioner that it would be unnecessary for him to attend; that petitioner did not attend the closing; that thereafter the defendant informed petitioner that in order to make the deal he had to agree to receive no commission on the transaction; that such representation was untrue and was made in bad faith for the purpose of depriving petitioner of his rightful share of the commission; that in fact defendant received a commission of $12,500, and that petitioner is entitled to one-half of that amount, plus interest and expenses of litigation and attorney's fees in the amount of $3,000, on account of the defendant's bad faith in the transaction. In count 2 petitioner alleged substantially the same facts, but based his right to recover therein on quantum meruit, or the reasonable value of his services in procuring the purchaser of the property. The defendant filed general and special demurrers; the plaintiff twice amended his petition, and the defendant on each occasion renewed his demurrers and filed additional grounds of demurrer. The trial court overruled the demurrers, and the defendant has appealed from that judgment.
Fine & Rolader, A. J. Block, Jr., Atlanta, for appellant.
Huie, Etheridge & Harland, W. Stell Huie, Atlanta, for appellee.
Syllabus Opinion by the Court
1. The only contentions of the appellant on this appeal are that the contract sued on is too vague and indefinite to be enforced, that it lacks mutuality and consequently is unenforceable, and that the petition fails to allege facts showing that the defendant acted in bad faith so as to entitle the plaintiff to a judgment for the expenses of...
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...some duty or some contractual obligation, not prompted by an honest mistake, but prompted by some sinister motive." Schaffer v. Wolbe, 113 Ga.App. 448, 148 S.E.2d 437 (1966). If some evidence of bad faith is produced, the recovery of fees and costs under Section 13-6-11 may be submitted to ......
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Hubbard v. Stewart
...pursuant to a scheme designed to recover excess premiums from plaintiffs, this third element would be met. See Schaffer v. Wolbe, 113 Ga.App. 448, 148 S.E.2d 437 (1966). Defendants have failed to demonstrate as a matter of law that there were no overcharges made on plaintiffs' account, nor ......
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Land Resources Development v. Kaiser Aetna, 12336
...in bad faith. Under certain circumstances, the word "fraud" has been found to be synonymous with "bad faith." See Schaffer v. Wolbe, 113 Ga.App. 448, 148 S.E.2d 437 (1966) ("... bad faith involves actual or constructive fraud or a design to mislead or deceive another, or a neglect or a refu......
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