Miller v. Moylan

THOMAS, Justice.

This action, by a real estate broker against an owner who employed him to sell certain property, was tried before the judge without a jury and the judge entered a judgment against the owner for the amount of the commission claimed. The owner is now appellant; the broker, appellee.

The commission for appellee’s services was to be paid for securing a purchaser upon the terms specified in the “Exclusive Listing.” The appellee found a purchaser who entered into an agreement with the owner to buy upon the stipulated terms subject to the condition, however, “that this property be…