Moody Realty Co., Inc. v. Huestis

OPINION

in which ALAN E. HIGHERS, J., and HOLLY M. KIRBY, J., joined.

This is a breach of contract action for the recovery of a real estate brokerage commission. The trial court found that the parties did not enter into a binding buyer’s representation agreement because there was no meeting of the minds. Instead, the court awarded the plaintiff real estate broker damages in quantum meruit. On appeal, we find that the parties mutually assented to the terms of the buyer’s representation agreement and that the broker was entitled to its commission as stated in the contract. We vacate the award of…