Spatz v. Mile-Hi Realty

THOMAS, Justice.

Given a situation in which property is listed with a broker for sale by a written instrument which does not recite consideration from the broker to the owner, does the broker become entitled to a commission upon a sale by a competing broker when the evidence discloses no actual consideration furnished by the listing broker? We hold that the listing broker is entitled to no recovery under such circumstances, and we shall reverse the judgment of the trial court pursuant to which the listing broker recovered a commission.

Beginning in about April of 1975 Robert R. Spatz considered…