Simmons v. Plummer

OPINION

HARTZ, Judge.

Defendants promised to pay Plaintiff a commission if he found a buyer for their interest in a race horse. Plaintiff found a prospective buyer, who entered into a purchase agreement with Defendants. The sale was subject to the condition that a third party not exercise his right of first refusal to acquire Defendants’ interest. When the third party exercised his right, Defendants refused to pay Plaintiff a commission. Plaintiff sued and prevailed. Defendants appeal. We affirm.

I. BACKGROUND

The following version of events is based on unchallenged findings by the district court…