Doyle v. Maruszczak

COBB, W., Senior Judge,

dissenting:

The majority opinion seemingly has ignored two concessions made by counsel for the appellants (hereinafter Doyle) at oral argument:

1. The transaction brokerage agreement between the parties1, which was dated July 28, 1999, was still in effect and binding on Doyle and the Maruszc-zaks as of October 29, 1999, the date Doyle bought Lot 11 from the Mar-chants.

2. Had the Maruszczaks bypassed Doyle and purchased the property directly from the Marehants in October, 1999, Doyle would have been due a commission from the Maruszczaks pursuant to the July 28, 1999,…