Lay v. Fairfield Development

OPINION

McMURRAY, Judge.

This is an action to collect a real estate commission. The trial court resolved the issues in favor of the plaintiff and the defendants appealed. We reverse the judgment of the trial court and dismiss the ease.1

The only issue raised by the appellants challenges the propriety of the trial court’s judgment in favor of the plaintiff under the facts and circumstances of this case. Simply stated, the issue is whether or not the evidence preponderates against the findings of the trial court.

As we have often stated, our review of a non-jury case is de novo upon the record of…