Engelking v. Boyce

O’CONNELL, J.,

Pro Tempore.

This is an action to recover damages for breach of contract brought against defendant real estate broker. Based upon evidence in the record of previous litigation between the same parties and involving the same transaction, 1 the trial court found that defendant had performed the contract and therefore allowed defendant’s motion for summary judgment. Plaintiffs appeal.

The evidence establishes that in December 1970 defendant sold a parcel of real property to plaintiffs and as a part of the transaction defendant agreed that if within six months plaintiffs notified…