Atkins v. L.L. Cole & Son, Inc.

John B. Robbins, Judge.

Appellant John E. Atkins, d/b/a Atkins Real Estate, entered into a written contract to sell real estate owned by appellee L.L. Cole & Son, Inc. The contract provides that the listing period “begins July 15, 1995, and expires 365 days later unless renewed in writing.” On November 8, 1995, L.L. Cole sold the real estate to Bobby and Carmen Robinson for $875,000.00, but failed to pay Atkins any commission.

On November 14, 1997, Atkins filed a complaint against L.L. Cole for breach of contract. Attached to appellant’s complaint was a copy of the listing contract, which…