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123 Ga. App. 68

179 S.E.2d 560

Beets v. Padgett

Court of Appeals of Georgia

Decided December 3, 1970

Court of Appeals of Georgia · decided 1970-12-03

Relies on 118 Ga. App. 695 - Maxwell v. Tucker · 119 Ga. App. 49 - Household Finance Corporation v. Johnson · 120 Ga. App. 557 - Dixon v. Rollins

Good law ✅— No negative treatment on recordhow we know

Decided 1970-12-03

How this case has been cited

Cited by 6 later decisions — most recently March 1996

5 state decisions

30197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Quillian, Judge.

¶1 1. The plaintiff brought an action to recover a real estate commission which he alleged was due him by his employer who was a real estate broker. While there was evidence that the plaintiff was employed as a real estate salesman, the record fails to show that he had obtained a license as required by Code § 84-1410. It was a condition precedent to recovery that the plaintiff prove he had the necessary license and the failure to do so requires the grant of a new trial. Code Ann. § 84-1413. See Maxwell v. Tucker, 118 Ga. App. 695, 698 (165 SE2d 459); Household Finance Corp. v. Johnson, 119 Ga. App. 49 (165 SE2d 864); Dixon v. Rollins, 120 Ga. App. 557, 559 (171 SE2d 646).

¶2 2. The defendant also contends the evidence was not sufficient to *69 support the verdict. With this contention we cannot agree. Whiie in conflict, the testimony was enough to prove that the plaintiff was the procuring cause of the sale.

Submitted October 1, 1970 Decided December 3, 1970. Frank D. Schaffer, Doyle C. Brown, for appellant. S. M. Landress, for appellee.

¶3 Judgment reversed.

Bell, C. J., and Whitman, J., concur.
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