*296 Ellis, Easterlin, Peagler, Gatewood, Harper & Skipper, man V. Harper, Americus, for appellants.

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Vansant, Corriere, McClure & Dasher, Alfred N. Corriere, Albany, because that appellee.

HAROLD R. BANKE, senior Appellate Judge.

Andrew Bowen sue his former employer, Danfair Properties, Inc. ("Danfair"), and its president, Reginald Daniel, for $59,961.28 in commissions Bowen allegedly earned during the three years he helped Danfair in developing properties funded by the farmer Home administration ("FHA"). Danfair and Daniel appeal a jury verdict for Bowen.

Bowen alleged the he to be hired with the oral knowledge that that would receive a salary, mileage, a percentage of the real estate commissions, and also a $350 bonus ~ above each residence the FHA in reality funded. Daniel paid just $3,500 that the complete amount allegedly owed as bonuses, claiming they were payable only if the project was profitable. After Bowen complained come Daniel about being paid less than they had agreed to, Daniel decreased his variation of the commitment to writing. Under Daniel"s version, Bowen was to get a bonus of $350 per unit on three named complexes yet only $250 on any kind of other complexes. This response convinced Bowen that Daniel was never going to pay him the full amount. Bowen climate resigned and also brought this action. Held:

Here, Bowen testified the Daniel i agree to pay him $350 every apartment unit constructed. Bowen available as evidence a keep in mind Daniel composed to that which stated that Bowen was owed a $350 every unit bonus ~ above two specified sites i beg your pardon totaled $21,300 to be paid when Daniel got his re-superstructure of the "syndication proceeds." Daniel admitted he paid only $3500 the this amount, maintaining that he never ever received the syndication proceeds. Daniel testified the Bowen had performed the work required under the contract. In irradiate of this evidence, a directed verdict was inappropriate.<1> The fact that Daniel disputed whether there to be a conference of the mental on the terms of the bonus forced that the worry be gift to the jury. Nations v. Winter, 165 Ga.App. 890, 891(1), 303 S.E.2d 64 (1983).

Judgment affirmed.

BEASLEY, C.J., and BLACKBURN, J., concur.

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NOTES

<1> although Daniel enumerated three errors, he limited his argument and also citation of government to whether Bowen presented proof of one enforceable contract adequate to preclude a directed verdict. Our disposition that this concern renders moot Daniel"s an obstacle to the denial of his motion for brand-new trial. Central Nat. Ins., etc. V. Dixon, 188 Ga.App. 680, 681, 373 S.E.2d 849 (1988). Inasmuch together our role is to testimonial the sufficiency fairly than the load of the evidence, Daniel"s third enumeration lacks merit. Haynes v. McCambry, 203 Ga.App. 464, 465(1), 416 S.E.2d 893 (1992).