Egan v. Guthrie

WELLS, Judge.

Defendants assign error to the trial court’s grant of summary judgment in favor of plaintiff. Defendants contend that plaintiff failed to exert “best efforts” in trying to sell the property at issue and that there was an oral modification of the written contract. Defendants further contend that no “sale” took place before the expiration of listing contract. Defendants argue that these contentions create genuine issues of material fact which must be resolved by a jury, thereby making summary judgment for plaintiff improper.

At the center of the controversy in the present case is…