Pugh v. Dollahan

BICKLEY, Justice.

Plaintiff, a licensed real estate broker, sued defendant for a commission alleged to have been earned.

The contract of employment was' in the form of a listing with the plaintiff, signed by the defendant. This instrument contained the following, among other terms:

“Listing to sell this ranch, including 5 percent commission if sold.

“Price $6500. * * *

“Amount of Down Payment $ All cash.”

There is no contention by plaintiff that, he accomplished the specific result set forth in the foregoing memorandum. But the plaintiff contended below that after the written contract of employment…