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Lawskills.com Georgia Caselaw
CIRCLE MILLS, INC. v. MILLENDER.
50043.
STOLZ, Judge.
Action for commissions. Paulding Superior Court. Before Judge Murphy.
In this action for a quantum meruit recovery for services rendered in obtaining a buyer for the defendant's textile machinery and equipment, we will not disturb the judgment of the trial judge, sitting without a jury, in favor of the plaintiff for $6,000, where the evidence was that the sale was in the amount of $160,000; that the plaintiff put the buyer and seller in contact with each other and took the prospective buyer from Cartersville to Dallas, Georgia, twice; and that the plaintiff had told the defendant that his fee would be 5% of the sale price, which is a standard finder's fee in the textile business. " 'If the court trying the case does not consider the damages excessive, any other court ought to be cautious in holding them to be so.' " Fields v. Jackson, 102 Ga. App. 117, 122 (115 SE2d 877) and cit. See also Schuster v. Schuster, 221 Ga. 614 (1) (146 SE2d 636) and cit.; Saks Fifth Avenue v. Edwards, 128 Ga. App. 380 (1) (196 SE2d 879) and cit.; and Creative Service, Inc. v. Spears Construction Co., 130 Ga. App. 145 (1) (202 SE2d 581) and cits.
Mitchell, Mitchell, Coppedge & Boyett, Warren N. Coppedge, Jr., for appellee.
Rogers, Magruder & Hoyt, Joseph M. Seigler, Jr., for appellant.
SUBMITTED JANUARY 13, 1975 -- DECIDED JANUARY 30, 1975.
Friday May 22 09:52 EDT


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