Titus v. Smith

WILLIAMS, P. J.,

The complaint alleges that defendant, as executor of his mother’s estate, engaged plaintiff, a real estate broker, to appraise real estate owned by the mother at the time of her decease. After the appraisal was made, defendant orally listed the property for sale with plaintiff at the price of $38,000 with the understanding that defendant would consider any other offer. Plaintiff found a buyer for $32,000. The complaint alleges that defendant was willing to sell at that price but the prospective buyer did not consummate the sale. On July 14, 1971, plaintiff secured a purchaser…