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Nolan Road West Ltd. v. PNC Realty Holding Corp. of Ga.

The limited partner's residence in Fulton County was sufficient to confer venue against the partnership in that county.

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These appeals involve two separate complaints seeking real estate rental commission payments. In one complaint, Brannen/Goddard Company B/G and King Industrial Realty, Inc. King, real estate brokers, sued PNC Realty Holding Corporation of Georgia PNC and Nolan Road West, Ltd. Nolan, alleging that either PNC or Nolan owed them real estate commissions for procuring a tenant. The tenant leased commercial property owned first by Nolan, who then transferred the property to PNC.

After the property was leased, Nolan entered into a commission agreement with B/G and King that called for Nolan to pay commissions during the term of this lease, any extension or renewal of the lease, or during any new lease of the property by the same tenant. After Nolan transferred the property to PNC, however, the commission payments ceased. Nolan claims that PNC assumed the obligation to pay commissions due when PNC entered into a lease assignment agreement with Nolan after the property transfer.

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