FIELDS REALTY & INS. CO. v. SMITH

45634.

123 Ga. App. 342 (1971)

180 S.E.2d 909

FIELDS REALTY & INSURANCE COMPANY et al. v. SMITH et al.

Court of Appeals of Georgia.

Decided January 19, 1971.

Rehearing Denied February 19, 1971.


Attorney(s) appearing for the Case

Arnall, Golden & Gregory, H. Fred Gober, for appellants.

Curtis R. Richardson, Davis & Stringer, Robert H. Stringer, Smith, Cohen, Ringel, Kohler, Martin & Lowe, Malcolm H. Ringel, for appellees.


HALL, Presiding Judge.

The briefs of all parties discuss at length the badges of fraud, elements of a conspiracy, election of remedies, etc. We believe the determining factor lies elsewhere. In a similar action, this court said, "it is manifest throughout all of the cases that the gist of an action by a broker to recover commissions is the showing that the plaintiff-broker was the procuring or efficient cause of the sale...

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