WESTDALE COMPANY v. Gietzen

McIntyre, J.*

Plaintiff real estate broker sued defendants for tbe payment of an earned sales commission. According to the plaintiff, Wiers and Zylstra, a partnership, executed a buy-and-sell agreement as sellers of a certain house and lot. Plaintiff argues that it produced Daniel Gietzen as a ready, able, and willing buyer and is entitled to payment under the agreement.

Prior to a predetermined closing date, November 10, 1967, defendant Wiers, without the consent or knowledge of the plaintiff, in a separate transaction sold the property to Gietzen. The commission has not been paid. Defendants…