Wyand v. Patterson Agency, Inc.

The Patterson Agency, Inc., a real estate broker, brought this action against Leo B. Wyand and Viola Wyand, his wife, to recover $8,375.00 allegedly due as a commission on the sale of the Wyands’ farm. From a judgment for this amount in favor of Patterson Agency, Inc., the Wyands take this appeal. Since we agree with the Wyands that Patterson Agency was not entitled to a commission, we reverse. 1

The Wyands, on November 25, 1970, entered into an “Exclusive Sales Listing” agreement for their farm with Patterson Agency. In return for the Agency’s trying to sell the farm and advertising it at the…