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CHARLES A. MUELLER REALTY CO. v. TUCKER REAL ESTATE CO.

49002, 49003, 49004.

131 Ga. App. 54 (1974)

205 S.E.2d 61

CHARLES A. MUELLER REALTY COMPANY et al. v. TUCKER REAL ESTATE COMPANY, INC.; and vice versa. MITCHELL et al. v. TUCKER REAL ESTATE COMPANY, INC. et al.

Court of Appeals of Georgia.

Decided February 21, 1974.

Attorney(s) appearing for the Case

Hodges, Oliver & Duckworth, W. H. Duckworth, Jr., for Mueller.

Ernest J. Nelson, Jr., Davis & Stringer, Robert H. Stringer, for Tucker.

Alston, Miller & Gaines, Ronald L. Reid, for Mitchell.

DEEN, Judge.

1. May Bagley and Mitchell, Jr. be liable for commissions based on the plaintiff's listing with Mitchell, Sr.? Where a broker has been the procuring cause of the sale, even though he has not sold the property, he may collect his commission, but "in determining whether or not a broker was the procuring cause of the sale where there is no exclusive contract to sell, it must be established that (1) the negotiations were still pending between the broker...

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