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Lawskills.com Georgia Caselaw
DOWE v. HADLEY et al.
A89A1924.
SOGNIER, Judge.
Action on Commission. Muscogee State Court. Before Judge Johnston.
T. M. Lowe brought suit against Isaac Hadley and L. U. Hadley to recover a real estate commission allegedly due him on the sale of the Hadleys' home to George W. Ford, Jr. The trial court granted the Hadleys' motion for summary judgment and Lowe appeals.
Appellant had an exclusive listing contract with appellees to sell their home. The listing contract provided that appellant was entitled to a commission upon the sale of the house to anyone to whom the property was submitted during [the] listing period," and that appellees agreed "to refer all inquiries concerning [the] property to" appellant. The exclusive listing contract expired March 21, 1988. Ford purchased the house from appellees on May 12, 1988.
The parties agree that the sole issue on appeal is whether appellant's affidavit, in which he averred that Ford told him that appellees had showed Ford, as a potential purchaser, their home prior to the expiration of the listing contract, created a question of fact to rebut the affidavits of appellees and Ford that Ford was shown the house as a potential purchaser thereof subsequent to the expiration of the listing contract.
Hatcher, Stubbs, Land & Hollis, Robert C. Martin, Jr., for appellees.
Worthington & Flournoy, Thomas M. Flournoy, Jr., for appellant.
DECIDED NOVEMBER 6, 1989 -- REHEARING DENIED NOVEMBER 14, 1989.
Tuesday December 2 18:42 CST


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