Roberts v. Gardner, Clarke & Sullivan

WILLIAMS, Justice.

Parties are referred to herein as in the trial court.

Plaintiff, a partnership doing business as real estate brokers, sued defendant for a fee allegedly due under the terms of a brokerage contract entered into between plaintiff and defendant. By said contract, the terms of which were contained in a' letter from defendant to plaintiff, defendant listed certain real estate with plaintiff for sale for a reasonable time, at a specified price, and “subject to prior sale”. It also provided, among other things, that the buyer should place 10% of the sale price in escrow at the time…