Walker v. O'Neal
Georgia Court of Appeals
Walker v. O'Neal, 21 Ga. App. 563 (1918)
94 S.E. 835; 1918 Ga. App. LEXIS 406
Bloodworth
Walker v. O'Neal
Opinion of the Court
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.
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