Dunford v. Townsend

Court of Appeals of Georgia

Dunford v. Townsend

112 S.E.2d 14, 100 Ga. App. 550, 1959 Ga. App. LEXIS 662

CourtCourt of Appeals of Georgia

DecidedOctober 27, 1959

Docket37800

StatusPublished

Cited by6 cases

This text of 112 S.E.2d 14 (Dunford v. Townsend) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dunford v. Townsend, 112 S.E.2d 14, 100 Ga. App. 550, 1959 Ga. App. LEXIS 662 (Ga. Ct. App. 1959).

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Opinion

Felton, Chief Judge.

The real-estate sale contract in the present case forming the basis of an action for real-estate commissions against the purchaser therein is too indefinite to be enforceable and therefore creates no obligation to pay commissions so as to sustain such an action since the sale contract provides that the purchaser would assume two loans, one of $500 at $25 per month and another of approximately $14,600, payable $93 per month. Morgan v. Hemphill, 214 Ga. 555 (105 S. E. 2d 580); C. V. Nalley, Inc. v. Schoen, 215 Ga. 513 (111 S. E. 2d 40). The court did not err in directing a verdict *551 against the plaintiff broker and in favor of the defendant purchaser for the earnest money deposited with the broker by him and in denying the broker’s amended motion for new trial.

Decided October 27, 1959. T. M. Flournoy, Owen G. Roberts, Jr., for plaintiff in error. Davis <& Davis, Lennie L. Davis, Walter E. Nitcher, contra.

Judgment affirmed.

Quillian and Nichols, JJ., concur.

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Felton, Chief Judge.

The real-estate sale contract in the present case forming the basis of an action for real-estate commissions against the purchaser therein is too indefinite to be enforceable and therefore creates no obligation to pay commissions so as to sustain such an action since the sale contract provides that the purchaser would assume two loans, one of $500 at $25 per month and another of approximately $14,600, payable $93 per month. Morgan v. Hemphill, 214 Ga. 555 (105 S. E. 2d 580); C. V. Nalley, Inc. v. Schoen, 215 Ga. 513 (111 S. E. 2d 40). The court did not err in directing a verdict *551 against the plaintiff broker and in favor of the defendant purchaser for the earnest money deposited with the broker by him and in denying the broker’s amended motion for new trial.

Decided October 27, 1959. T. M. Flournoy, Owen G. Roberts, Jr., for plaintiff in error. Davis <& Davis, Lennie L. Davis, Walter E. Nitcher, contra.

Judgment affirmed.

Quillian and Nichols, JJ., concur.

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Bluebook (online)

112 S.E.2d 14, 100 Ga. App. 550, 1959 Ga. App. LEXIS 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunford-v-townsend-gactapp-1959.

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