Porter v. Deeter

Conley Byrd, Justice.

This is an appeal by Howard Porter from a summary judgment in the amount of $11,122.00 entered in favor of James L. “Dobie” Deeter and NaDean Deeter d/b/a Deeter Real Estate for a commission allegedly due upon the sale of a bulk oil plant.

At the bottom of an itemized list of property dated 9/27/71, is an agreement admittedly signed by Porter which provides:

“Owner hereby agrees to give Deeter Real Estate (Agent) an Exclusive Listing on the above listed property & equipment for a period of ninety (90) days; also agree to pay Agent five per cent (5%) commission. If sold at a…