Opinion
40593.
DECIDED APRIL 8, 1964. REHEARING DENIED APRIL 17, 1964.
Action on contract. Chatham Superior Court. Before Judge McWhorter.
Aaron Kravitch, for plaintiffs in error.
James B. Blackburn, contra.
1. Properly construed, the contract attached to the petition, and upon which the suit was based, is one agreeing to pay plaintiff for services as a real estate broker.
2. The petition, being one to recover for services as a real estate broker, was subject to general demurrer for failure to allege that the plaintiffs were licensed real estate brokers in accordance with the requirements of Code Ann. § 84-1401 and Code § 84-1413. See Mayo v. Lynes, 80 Ga. App. 4 (1, 2) ( 55 S.E.2d 174); D. L. Stokes Co. v. McCoy, 212 Ga. 78 ( 90 S.E.2d 404); Cline v. Crane, 90 Ga. App. 192 ( 82 S.E.2d 175); Hale v. Chatham, 91 Ga. App. 519 ( 86 S.E.2d 536); Brewer-Head Co. v. Jackson, 95 Ga. App. 648 (1), 650 ( 98 S.E.2d 167).
3. The trial court did not err in sustaining the general demurrer to the petition.
Judgment affirmed. Felton, C. J., and Frankum, J., concur.
DECIDED APRIL 8, 1964 — REHEARING DENIED APRIL 17, 1964.
Charles F. Noyes Company, Inc., and Harold H. Deutchman brought an action against William V. Hadsell, Jr., alleging that William V. Hadsell, Jr., herein named as defendant, is a resident of Georgia and of Chatham County. That said defendant is indebted to petitioners in the sum of twenty-five thousand ($25,000) dollars, by virtue of an agreement entered into by and between said parties dated December 2, 1960, wherein said defendant agreed to pay to petitioners said sum for services rendered in interesting Wallace Plapinger and others, of Trenton, New Jersey, in the construction of a shopping center on certain property known as the Thomas Tract, in Savannah, Chatham County, Georgia. A copy of said agreement is attached hereto, marked "Exhibit A," and made a part of this petition. It was agreed that the moneys due under said agreement were to be paid to petitioners by the defendant in three equal annual installments, commencing with the date foundations were poured for the proposed shopping center, but that said moneys were not paid and subsequently, on July 11, 1961, the said property was conveyed to White Bluff Plaza, Inc., which was owned by a new corporation known as Hadchi, Inc. That no part of said moneys due has been paid and said defendant has denied liability in the premises and has denied that he is indebted to petitioners in any sum or sums whatsoever. That although the initial agreement was entered into between plaintiffs and William V. Hadsell, Jr., and John Chiboucas, that said John Chiboucas was released by the defendant, Hadsell, leaving the claim of the plaintiffs only against the remaining defendant, Hadsell.
The exhibit attached to the petition was a letter dated December 2, 1960, addressed to plaintiffs, and reads as follows: "Your signatures at the foot of this letter will constitute an agreement between us relating to compensation to be paid for your services in connection with the formation of the corporation to be known as The undersigned hereby acknowledge that Charles F. Noyes Company, Inc. and Harold H. Deutchman, 206 West State Street, Trenton, New Jersey, are the real estate brokers who were successful in interesting Mr. Wallace Plapinger and others of Trenton, New Jersey, in joining with us through the means of such a corporation in the purchase of real estate known as the Thomas Tract, comprising two hundred sixty five (265) acres more or less, extending from the east side of White Bluff Road to the west side of Waters Road, Savannah, Georgia, for the purpose of erecting a shopping center on part thereof.
"We have recognized your services as brokers in the above transaction and it has been agreed that as full compensation for such services, we hereby agree to pay you the sum of twenty-five thousand ($25,000) dollars from the net proceeds received by us for our 20% ownership in the above mentioned shopping center corporation, $8,333.33 from the first year's net proceeds; $8,333.33 from the second year's net proceeds; $8,333.33 from the third year's net proceeds.
"It is expressly agreed and understood by all parties hereto, that the entire twenty-five thousand ($25,000) dollars compensation is to come from our 20% ownership of the shopping center; and that if there is not sufficient net income from such ownership in any one year to meet the above outlined payment schedule, the time will automatically be extended from year to year until such time as there is sufficient net income to meet the full payment of the twenty-five thousand ($25,000) dollars; however, no payment in any one year shall exceed eight thousand three hundred thirty three and 33/100 dollars ($8,333.33). The net income referred to herein is to mean the total income less the amount due Plapinger and his associates for moneys advanced in accordance with the agreement between Plapinger and his associates and Hadsell and Chiboucas.
"Yours very truly, S/ William V. Hadsell, Jr. S/ John Chiboucas." An acceptance thereon was signed by the plaintiffs. A general demurrer to the petition was sustained by the trial judge and plaintiffs excepted.