Sterling Investments, Inc. v. Potthoff

Plaintiff, a real estate broker, brought this action to recover $9,750 claimed as a commission due for obtaining a purchaser for lakeshore resort property owned by defendant. The trial court granted summary judgment for defendant. On plaintiff’s appeal from the judgment, we affirm.

Plaintiff’s claim was based upon a nonexclusive listing agreement signed by the defendant extending broad terms for the sale and a proposed purchase agreement signed by prospective buyers. The purchase contract procured by plaintiff and tendered to defendant for his acceptance varied materially from the terms of the…