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Georgia Real Estate Properties Inc. v. Lindwall

The trial court did not err in granting summary judgment to the defendants on the broker's breach of contract claim, because no evidence showed that the conditions for paying a sales commission to the broker were met.

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This is an appeal from the grant of summary judgment in favor of a property seller and buyer in a broker’s action to recover a sales commission. For the reasons that follow, we affirm. On review of a grant of summary judgment, we apply a de novo standard of review and view the evidence in the light most favorable to the nonmovant.1 If there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law, summary judgment is proper.2

Construed in the proper light, the evidence shows that Lens Corporation and L & S Development Company owned approximately 8.23 acres of real property. Richard Lindwall is president of both Lens Corporation and L & S Development, Wyona Stephens is secretary of L & S Development, and David Lindwall is vice-president of Lens Corporation. Lens Corporation and L & S Development entered into a listing agreement for the sale of the property with broker Charles Morris. In 1999, Morris gave Richard Lindwall’s neighbor, Carl Martin, a flyer notifying him that the property was for sale. Martin was not interested in buying the property at the time.

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