Foster v. House Beautiful Homes, Inc.

LA PRADE, Chief Justice.

Appeal from a summary judgment awarding plaintiff $2,500 plus costs for money due under a real estate brokerage contract. Defendant appeals, stating that the trial court erroneously granted plaintiff’s motion for summary judgment. He contends that the complaint failed to state a claim and that the pleadings and deposition disclosed genuine issues as to material facts.

Plaintiff, by way of a second assignment, became the owner of the contract sued on and the sums due thereunder. The original assignor, one All ford, a realtor, entered into a brokerage agreement with…