The decisions have also held that a broker is entitled to a commission whenever negotiations conducted by him on behalf of the principal culminate in the purchase of the property by the principal or would have so culminated but for the principal's interference. See Hill Moultrie v. Wheeler, 2 Ga. App. 349 ( 58 S.E. 502) (1907); Arnold v. Jowers, 102 Ga. App. 29 ( 115 S.E.2d 623) (1960). It is undisputed in this case that neither Smith nor Doubleday participated in any of the negotiations regarding the purchase of the Monroe Drive property.
The undisputed evidence shows that the efforts of the plaintiff were the efficient and the procuring cause of both transactions. See Arnold v. Jowers, 102 Ga. App. 29, 30 ( 115 S.E.2d 623). While it is true that the plaintiff was no longer associated with defendant at the time the sales commissions were paid, this will not defeat plaintiff's claim. A contract by which one employs another to sell real estate must be construed according to its particular stipulations.
In determining whether a broker has earned his commission for procuring a purchaser, it is not necessary that his services shall have been the sole cause, but it is enough if the efforts of the broker, acting on the purchaser, are the efficient cause of his offer." Arnold v. Jowers, 102 Ga. App. 29, 30 ( 115 S.E.2d 623); accord Thornton v. Lewis, 106 Ga. App. 328 ( 126 S.E.2d 869). There was evidence that the sellers listed their house in April 1960 with several realty brokers, including the plaintiff.
Where the owner of property has listed it with a real estate agent to be sold and the broker procures a prospective buyer, but the owner knowing of this fact sells the property to the prospect procured by the broker, an inference is authorized that the broker has earned a commission which he can recover from the owner. Arnold v. Jowers, 102 Ga. App. 29 ( 115 S.E.2d 623), and cases there cited. Where the owner of real property authorizes an agent to sell it and does not fix a time limit in the authorization, he is bound to exercise good faith toward the agent and may not withdraw the listing for the purpose of defeating the agent's commission. "If no time limit is fixed in a contract authorizing an agent to sell real estate, then, under the law, he has a reasonable time within which to do so; and what is a reasonable time is to be determined by the jury."