Hyde Park-Lake Park, Inc. v. Tucson Realty & Trust Co.

HOWARD, Judge.

This is an appeal from a summary judgment in favor of the appellee, plaintiff below, in a suit to recover a real estate broker’s commission from appellant, defendant below. Defendant contends that the existence of genuine material factual issues precluded the granting of summary judgment in plaintiff’s favor.

The procedural chronology is as follows. Plaintiff filed its complaint alleging that, by virtue of two documents appended thereto, it was entitled to a commission and reasonable attorneys’ fees occasioned by defendant’s refusal to pay the commission. This pleading did not…