Estate of Bain v. Gateway Group, Inc.

The Estate of Jerome Bain appeals from an order of final summary judgment in an action for conspiracy to defraud Bain of his broker’s commission. For the following reasons, we reverse.

Jerome Bain contracted with Miller Lake Associates for a commission upon finding a ready, willing, and able purchaser for Miller Lakes’ eighteen acres of property. Although the original offering in this case was for the entire eighteen acres, only seven acres were actually sold to Gateway Group, Inc., resulting in a commission to the broker. The remaining acreage of the tract became the subject of a joint…