Summary judgment was granted Emma A. Monroe in this action against her by Daniel T. Donohue for a real estate brokerage commission allegedly due him. Donohue has appealed and we affirm the judgment of the trial court.
The two parties entered into a brokerage contract to be in force for one year for the sale of certain land in Cobb County. The terms of sale specified by Mrs. Monroe as seller were expressed in the brokerage contract as "29% down maximum, 10 years principal and interest at 8%. Money to be placed in escrow with a bank to insure benefits of maximum tax breaks." This contract provided that a commission of 10% of the sales price would be paid upon completion of the sale.
Donohue obtained from Earl W. Johnson a sales contract by which the purchaser paid $1,000 earnest money, agreed to pay $75,000 to seller upon closing, give a note and security deed for the balance of the purchase price to be paid annually in 10 years, have the right to prepay all or part of the principal at any time without penalty, provide in the security deed for partial releases, and the land purchased would be the sole security and the purchaser would have no personal liability. There were other terms in the proposal to buy not necessary to recite here. The offer to purchase was never accepted by the seller. The broker contends he had a purchaser ready, able and willing to buy, and he wants $75,000 commIssion.
Edwards, Friedewald & Grayson, James W. Friedewald, for appellee.