Dean Vincent, Inc. v. Stearns

SLOPER, J.,

Pro Tempore.

This is an action at law brought by the plaintiff, Dean Vincent, Inc., for a commission allegedly earned pursuant to a listing agreement and an earnest money receipt. The case was tried to the court without a jury. The defendant, Ruth Stearns, prevailed in the court below, and plaintiff appeals.

On June 14, 1972, plaintiff and defendant entered into a listing agreement for the sale of defendant’s restaurant. The agreement granted the plaintiff an exclusive right for 180 days and a nonexclusive right for a like period thereafter to sell the defendant’s property for…