E. A. Strout Western Realty Agency, Inc. v. Broderick

ELLETT, Justice:

This appeal is from a judgment against the plaintiff and in favor of the defendant on a law action to recover a real estate broker’s commission based on an exclusive listing agreement.

The defendant is a building contractor. He buys land, erects houses, and sells them to the public. He has utilized the services of the plaintiff in past transactions and in fact used the efforts of plaintiff to trade one of his homes to a third party for a home and cash. He paid a commission to plaintiff for this service. However, the plaintiff was able to get the third party to reduce his price…