Nardi v. Smalley

Plaintiff brought this action to collect a real estate commission against defendants, Smalleys. Smalleys, the sellers, impleaded third party defendants Altmayers, the buyers. Judgment was entered in favor of plaintiff against Smalleys and judgment was entered for Smalleys on their cross claim against Altmayers. Both Smalleys and Altmayers appeal.

On May 20,1977, appellants, Smalleys and respondent, Nardi entered into a real estate broker’s employment contract whereby Nardi agreed to attempt to sell “Smalley’s Garden and Floral Center”. The extent of the discussion and negotiations prior to the…