Cassano v. McConnell

SCHOTT, Chief Judge.

This is a suit by a real estate broker against a defendant who signed a listing agreement authorizing plaintiff to sell property which the defendant said she owned and had authority to list for sale when in fact defendant owned only a one-quarter interest in the property. The trial court dismissed plaintiffs suit on an exception of no cause of action and plaintiff has appealed. We reverse.

The law controlling the disposition of an exception of no cause of action is well settled. In order to determine whether a plaintiff is entitled to relief the court considers only the…