Bay Shore Properties, Inc. v. Drew Corp.

This is an appeal from a summary judgment entered in an action to rescind a conveyance of real property. The question presented is whether the trial court erred in holding that the payment of a commission to a real estate broker by a seller of real property did not create an agency relationship between the seller and the broker.

On December 13, 1984, James Alexander, the president of Bay Shore Properties, Inc. ("Bay Shore"), executed a document authorizing Meyer Real Estate to sell the property that is the subject of this dispute. On February 9, 1985, Joseph Wade Ward of Wade Ward Real Estate…