Russell v. Smith

IzWILLIAM V. REDMANN, Judge Pro Tern.

Defendant homeowners appeal a judgment awarding plaintiff real estate brokers a commission on a buy-sell agreement for defendants’ Amite home, which the buyer refused to perform because one of four lawyers consulted (none of whom testified) deemed the title unmerchantable.

We reverse. Defendants owe a commission only if their title was not merchantable, or they otherwise prevented the sale. Plaintiffs did not prove either such case.

Weldon Russell (sometimes hereafter “plaintiff’2) had in the past acted as real estate agent on “three or four” successive…