E. A. Strout Realty Agency, Inc. v. Brown

MacPHAIL, P. J.,

In this case plaintiff is seeking to recover broker’s commissions pursuant to a ‘listing agreement” executed by defendants bn December 23,1967. The complaint alleges that the listing agreement, a copy of which is annexed to the complaint, was subsequently orally amended to provide that the list price of $52,500 be changed to $55,000. On June 28, 1969, plaintiff sold the real estate mentioned in the listing agreement for $55,000. One of defendants (the wife) signed the agreement but the other defendant (the husband) refused to sign. Since the subject real estate was owned by…