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Baker v. Brannen/Goddard Co.

A limited partnership's agreement to pay real estate commissions was strictly divisible for statute of limitation purposes because the agreement provided for payment of an indefinite amount of commissions over the uncertain period of the underlying tenancy.

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We granted certiorari to review Divisions 5 and 7 of Brannen/Goddard Co. v. Baker, 248 Ga. App. 248, 251-253 544 SE2d 750 2001. The case concerns the interplay between two successive Fulton County lawsuits, each of which seeks recovery of the same real estate commission. It also raises issues as to the relationship between the two separate appeals filed in connection therewith.

The original action was brought by Brannen/Goddard Company B/G and King Industrial Realty, Inc. King against PNC Realty Holding Corporation of Georgia PNC and Nolan Road West, Ltd. Nolan, a limited partnership headquartered in Clayton County. In 1987, Nolan, in its capacity as the then-owner of certain leased property, entered into an agreement to pay a commission to B/G and King as consideration for their procurement of a tenant. The commission was payable in monthly installments over the term of the lease and any extension or renewal thereof. Nolan claimed that PNC assumed the obligation to pay the commission when it purchased the property in 1992 and became the lessor. PNC denied that it assumed Nolan’s obligation for the commission, and moved for summary judgment. The trial court granted PNC’s motion, and the Court of Appeals affirmed. Brannen/Goddard Co. v. PNC Realty Holding Corp., 238 Ga. App. 387 519 SE2d 35 1999. Accordingly, the original action proceeded against Nolan. For purposes of this appeal, that proceeding will be referred to as the “Nolan Action.”

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