Roy Annett, Inc. v. Killin

This is a suit by a real-estate broker for a commission for the sale of a farm, claimed to be due under the terms of a written real-estate listing-agreement. The farm was sold after the agreement had expired but within 6 months thereafter. The circuit judge who heard the testimony without a jury arrived at a view of the facts and an interpretation of the agreement which occasioned his entry of a judgment of no cause for action, and plaintiff appeals.

Defendant appellees, Mr. and Mrs. Jack Killin, owned a farm which they wished to sell. In 1954 they had listed the farm for sale with the Whipp…