Heckenlaible v. Fromherz

This is an action for a commission brought upon a listing agreement by a real estate broker against a seller of real property. The case was tried by the court without a jury and plaintiff appeals from a judgment for defendant.

On July 27, 1976, the parties entered into a listing agreement for a period of 60 days. About two weeks after the expiration of that period, plaintiff found a buyer from whom she secured a deposit, and a signed earnest money agreement which was presented to defendant. Defendant refused the transaction but shortly thereafter sold the property upon substantially the same…