Rogers v. McBride

Plaintiff, a real estate broker, brought this action against defendant (seller) to recover a commission allegedly due on the sale of property. At the close of broker’s case seller moved for involuntary nonsuit, which was granted. Broker appeals.

On June 18, 1975, one of broker’s salesmen negotiated a nonexclusive listing agreement with seller to sell his ranch. The salesman used a standard exclusive real estate listing agreement and lined out those portions of the form which pertained to an exclusive listing. The agreement provided in material part as follows:

"In consideration of $1.00 in hand…