Don Drum Real Estate Company v. Hudson

GUITTARD, Justice.

This is a suit by a real estate broker against the owner of a residence to recover a commission for negotiating a sale which was not completed. Summary judgment was rendered for the defendant and the plaintiff broker has appealed. The principal question is whether the rule permitting extrinsic evidence to interpret a written contract extends to proof of a contemporaneous oral promise concerning a matter not covered by the language of the contract.

Plaintiff alleges that defendant signed a written listing agreement authorizing plaintiff to sell defendant’s home. The listing…