Arjay Properties, Inc. v. Hicks

Plaintiff, a real estate brokerage firm, appeals from an order of the Bennington Superior Court denying its claim to a real estate commission. Plaintiff claims that it produced ready, willing and able buyers to purchase defendant’s home, and that only defendant’s wrongful conduct prevented the sale from being consummated. As such, plaintiff argues, the trial court wrongly dismissed its complaint.

After hearing, the trial court found the following facts, which have not been challenged on appeal. In October of 1979, plaintiff and defendant entered into a nonexclusive listing agreement for the…