MacCarthy v. Skelcher

Both the trial court and this Court agree that plaintiff presented sufficient evidence of waiver of the ex-elusionary provision of the written brokers agreement entered into by plaintiffs and defendants on October 16, 1967, which provided in pertinent part as follows:

“Marshall L. Skelcher and Martha E. Skelcher agree to pay John MacCarthy $15,000.00 commission for selling the Lake View Hunt Club for $165,000.00 to one of his clients. However, in the event that Skelcher sells the club himself to somebody that is not one of MacCarthy’s clients; Marshall L. Skelcher and Martha E. Skelcher will…