Ferguson v. Bovee

Plaintiff, a realtor, brought an action in equity on a real estate listing contract which gave him the exclusive right to sell or to purchase on terms named and for a specified time certain real estate owned by the defendants.- The contract was revoked in writing by the owners before the expiration of the time of the listing’ period. The trial court dismissed plaintiff’s petition and taxed the costs to him. He has appealed.

Appellant in his petition, as amended, in Count I asked for specific performance of his right to purchase and, in the -alternative, in Count II asked to recover the agreed…