Solomon v. Baron

Plaintiff appeals from summary judgment for defendant in an action to recover a commission allegedly due under a real estate broker’s listing agreement. He contends that (1) material questions of fact existed which precluded entry of summary judgment; and (2) the trial court erred in ruling that defendant had no legal duty to respond to offers to purchase.

In his verified complaint, plaintiff alleged in pertinent part that he and defendant entered into a contract on October 20, 1980, under which he was engaged as defendant’s exclusive agent to sell a parcel of real estate located at 523 South…