Bob Barnes Realty, Inc. v. Moore

Plaintiff, a real estate brokerage firm, brought an action to recover a commission that it claims to have earned on a real estate listing agreement entered into on July 28, 1980, between plaintiff and defendant. The trial court, sitting without a jury, found for plaintiff, and defendant appeals. We reverse and remand.

On October 8, 1980, prospective buyers executed an earnest money agreement offering to purchase defendant’s property. It provided:

“* * * Date of closing on or before Nov. 15,1980 * * * or as soon as this cash can become available subject to closing on 980 Kelowna Ct [Woodburn]…