Warner v. Weader

Ness, Justice:

This is an appeal from a master’s order granting summary judgment to respondents, John R. Warner, Jr. and Mary Ellen Warner, in an action for recovery of real estate commissions in connection with the sale of a home. Appellants, Rod Weader, and Bob Lane Realty, contend the master erred in allowing the Warners to recover the sale commission, which was held in escrow pursuant to an agreement between the parties. We agree and reverse.

In November 1978, the Warners contracted with E & F Properties, Inc. (seller) to purchase a newly constructed home located on Charing Cross Road in…