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Circle Mills, Inc. v. Millender

Court of Appeals of Georgia
Jan 30, 1975
212 S.E.2d 467 (Ga. Ct. App. 1975)

Opinion

50043.

SUBMITTED JANUARY 13, 1975.

DECIDED JANUARY 30, 1975.

Action for commissions. Paulding Superior Court. Before Judge Murphy.

Rogers, Magruder Hoyt, Joseph M. Seigler, Jr., for appellant.

Mitchell, Mitchell, Coppedge Boyett, Warren N. Coppedge, Jr., for appellee.


In this action for a quantum meruit recovery for services rendered in obtaining a buyer for the defendant's textile machinery and equipment, we will not disturb the judgment of the trial judge, sitting without a jury, in favor of the plaintiff for $6,000, where the evidence was that the sale was in the amount of $160,000; that the plaintiff put the buyer and seller in contact with each other and took the prospective buyer from Cartersville to Dallas, Georgia, twice; and that the plaintiff had told the defendant that his fee would be 5% of the sale price, which is a standard finder's fee in the textile business. "`If the court trying the case does not consider the damages excessive, any other court ought to be cautious in holding them to be so.'" Fields v. Jackson, 102 Ga. App. 117, 122 ( 115 S.E.2d 877) and cit. See also Schuster v. Schuster, 221 Ga. 614 (1) ( 146 S.E.2d 636) and cit.; Saks Fifth Avenue v. Edwards, 128 Ga. App. 380 (1) ( 196 S.E.2d 879) and cit.; and Creative Service, Inc. v. Spears Construction Co., 130 Ga. App. 145 (1) ( 202 S.E.2d 581) and cits.

Judgment affirmed. Deen, P. J., and Evans, J., concur.

SUBMITTED JANUARY 13, 1975 — DECIDED JANUARY 30, 1975.


Summaries of

Circle Mills, Inc. v. Millender

Court of Appeals of Georgia
Jan 30, 1975
212 S.E.2d 467 (Ga. Ct. App. 1975)
Case details for

Circle Mills, Inc. v. Millender

Case Details

Full title:CIRCLE MILLS, INC. v. MILLENDER

Court:Court of Appeals of Georgia

Date published: Jan 30, 1975

Citations

212 S.E.2d 467 (Ga. Ct. App. 1975)
212 S.E.2d 467

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