Pratt v. Johnson

This appeal seeks review of the allowance by the trial judge of a motion for summaryjudgment in favor of the sellers who were being sued for a commission by a real estate broker. Because the pleadings and the affidavits filed in connection with the motion disclose a substantial factual dispute as to whether failure to consummate the transaction was due to the acts of the defendants, we reverse.3

The historical or subsidiary facts are clear.

The parties entered in September 1982 into an agreement (aso-called listing agreement) under which the plaintiff undertook to find a purchaser of the…