Gertz v. Allen

This is an appeal from a declaratory judgment. Leonard F. Allen brought this action seeking a declaration that he either be paid a commission for arranging the sale of certain real property or should recover a portion of the earnest money placed in escrow by the buyer.

On July 8, 1975, Leonard F. Allen, a real estate agent, entered into a listing agreement with C.C. Mathison and J.C. Mathison. The agreement provided that Allen was to attempt to furnish a willing and able purchaser for certain land owned by the Mathisons. The Mathisons agreed to pay Allen a ten percent (10%) real estate…