Ellis v. Morgan

HOOD, Asocíate Judge.

Appellant, a real-estate and business-chance broker, appeals from a judgment denying him recovery of a commission.

Appellee, owner of a rooming house business, signed a listing agreement authorizing appellant to find a purchaser for the business on specified terms and agreeing to pay him a specified commission “if and when a purchaser is found.” As a result of appellant’s efforts a contract of sale was signed by appellee and one Cop-pock, but the sale was never consummated. Appellee testified that she signed the listing agreement and the contract on appellant’s assurance…