Sherman Agency v. Carey

The Sherman Agency appealed a judgment denying its claim against defendants J. J. Carey (Carey) and Carey Realty Company for a commission on the sale of a Canadian ranch. The court of appeals, 39 Colo. App. 246, 568 P.2d 75 affirmed. The Sherman Agency petitioned for a writ of certiorari, which we granted. We affirm.

Carey owned an option to purchase the ranch. This was represented by an option. $200,000 of the option price was payable on or before December 31, 1969. If it was not paid Carey would lose all rights to the ranch.

On June 20, 1969, Carey entered into a listing agreement for the…