Murphy v. Nolte & Co., Inc.

In this real estate case, we have a claim by a broker against the sellers for a proportionate share of a sales commission based on an oral listing agreement. The statute of frauds has been raised as a defense. The sellers also attempt to limit the amount of the commission, if any is due.

Appellee Nolte & Company, Inc., the plaintiff below, sued appellants Bruce G. Murphy and Lou Ann Murphy, his wife, for $12,775 arising from the sale of the Murphy home in Virginia Beach for $365,000. Nolte alleged the sellers employed William M. “Bill” Murphy to sell the property, and that he contacted various…