Walker v. O'Neal

94 S.E. 835, 21 Ga. App. 563, 1918 Ga. App. LEXIS 406

Opinion

Bloodworth, J.

1. No error was committed in overruling the demurrer to the petition.

2. This suit was not on a quantum meruit, but on an express contract for commissions for a fixed amount, to wit, $250; hence it was error, warranting the grant of a new trial, for the court, over proper and timely objections, to allow evidence that the services of the plaintiffs in procuring a purchaser for the" property were “reasonably worth the sum of $100, and that the usual commission allowed real-estate agents was five per cent.”

Judgment reversed.

Broyles, P. J., and Luhe, J., concur. Luhe, J., was designated in place of Harwell, J., who was disqualified.

Complaint; from city court of LaGrange — Judge Harwell. December 21, 1917.

M. U. Mooty, for plaintiff in error. Dulce Davis, Hatton Lovejoy, contra. '