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Mansour Properties LLC v. Reinhardt College Inc.

Third-party investors had no rights under a real estate sales contract which provided for the payment of a broker's commission.

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Reinhardt College sold approximately 162 acres of land to I-85/Ga. 20 Ventures Ventures. The sales contract provided that a four percent commission would be paid to Perimeter Properties, Inc., the broker for the transaction. After closing, a dispute arose as to the payment of the commission, and Reinhardt College filed an interpleader and declaratory judgment action, seeking guidance on the disbursement of the commission, which it paid into the registry of the court. Perimeter Properties moved for summary judgment, asserting that no other claimant was entitled to the commission. The trial court agreed and granted the motion, and this appeal ensued. For reasons that follow, we affirm.

“On motion for summary judgment, the movant must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in favor of the nonmovant, warrant judgment as a matter of law.”1 So viewed, the relevant facts demonstrate that on May 15, 1996, Ventures signed a contract with Reinhardt College to purchase land from the college. The contract provided, in pertinent part, that Perimeter Properties would receive a four percent commission as broker for the transaction. Jim Clower signed the sales contract in his capacity as president of Perimeter Properties, Inc. Although Clower also was a principal in Ventures, he did not sign the sales contract in any capacity other than as president of Perimeter Properties.

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