Nelson v. Rosenblum Co.

Peterson, Justice.

The question, upon the undisputed facts in this case, is whether a real estate broker who, in performance of a written net listing agreement with his principal, secures a financially responsible purchaser of his principal’s property has earned his commission, notwithstanding the purchaser’s breach of a legally enforceable purchase agreement, and may recover his commis sion from the earnest money paid by the purchaser. We answer in the affirmative.

On August 4, 1969, plaintiffs, Carroll J. Nelson and Joann C. Nelson, entered into a net listing agreement with defendant,…