Hickey v. Norman Kaye Real Estate Co.

OPINION

In this appeal we are required to determine whether the trial court erred in determining the purchaser, introduced to appellant Hickey by respondent Kaye, was a ready, willing and able *231buyer, thereby obligating Hickey to pay Kaye the agreed broker’s commission due under the listing agreement. We determine that the proposed purchaser was not an “able” buyer and reverse.

On June 12, 1973, John Hickey, one of three co-owners of the Del Rey Motel, signed a listing agreement with respondent, under which respondent was to obtain a buyer for the aforementioned property. On July 20, 1973, an…