THOMAS McDONALD & CO. v. ELLIOTT

35701.

92 Ga. App. 409 (1955)

88 S.E.2d 440

THOMAS McDONALD & COMPANY v. ELLIOTT.

Court of Appeals of Georgia.

Decided July 7, 1955.


Attorney(s) appearing for the Case

Saul Blau, Charlie Franco, for plaintiff in error.

Carl T. Hudgins, contra.


FELTON, C. J.

1. Counts one and two of the original petition sought to recover commissions as stipulated under an express contract. By amendments the plaintiff sought to add a third count based on quantum meruit, and the contract was annexed as an exhibit to count three. The court properly disallowed the amendments setting up a third count. The contract provided that, should the defendant-owner sell the business during the period of the plaintiff's exclusive listing...

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