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Hall v. Boozer

The procuring cause doctrine is inapplicable where an express contract controls payment of a broker's commission.

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Real estate agents Wesley and Alison Boozer sued real estate broker James Hill, Jr., d/b/a Real Estate North, for breach of contract, alleging that Hill failed to pay them real estate commissions owed under their independent agent agreements. The Boozers subsequently moved for summary judgment. The trial court granted the motion in part, and Hill appeals. For reasons that follow, we reverse. Summary judgment is appropriate when the evidence, viewed favorably to the nonmovant, demonstrates that no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law. See Morgan v. Richard Bowers & Co. , 280 Ga. App. 533, 534 634 SE2d 415 2006. Construed in this manner, the record shows that the Boozers are both licensed real estate agents. In September 2003, Alison Boozer entered into an independent contractor agreement with Hill’s brokerage firm, Real Estate North, to sell properties at the newly developed Huntington Park subdivision. Hill’s firm hired Wesley Boozer to assist in the sales effort in June 2004, and he executed a separate independent contractor agreement.

The Boozers worked under these contracts until March 16, 2005, when Hill terminated their services. Thereafter, they sought commissions on several sales that they allegedly secured on behalf of Real Estate North. Hill denied any liability to the Boozers, asserting that he had fully paid all commissions owed under the independent contractor agreements.

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