Aude v. Jones

Plaintiff’s complaint seeking to recover brokerage fees, based upon a written exclusive listing contract,1 was dismissed on the pleadings. The court below found that the designation of the property to be sold as “190 acre farm & 197 acre farm” was insufficient as a matter of law and that the defect could not be cured by parol evidence. The court, therefore, dismissed the complaint, which alleged plaintiff was entitled to a commission on a portion of the property alleged to have been sold directly by defendants. The contract was on a printed form submitted by Aude to the defendants, and Aude…