Macaluso v. Lipinski

Appellant Macaluso brought this action in the lower court to recover a broker’s commission for procuring a purchaser for property owned by appellees, based on a non-exclusive oral listing to sell the property. The lower court entered a summary judgment for appellees, finding that there was no genuine issue of material fact. We affirm.

The record shows that the sale was consummated in January, 1968, on terms and price entirely different from those of the original listing as well as those of the counteroffer of the ultimate purchaser submitted by Macaluso and rejected by appellees in June, 1967.…