Tom Jenkins Realty, Inc. v. Hilton

Littlejohn, Justice:

This action was commerced by Tom Jenkins Realty, Inc. (Realtor) to recover a sales commission alleged to be due from the defendants, Larry W. Hilton and I. Rose Hilton (Homeowners), pursuant to an exclusive sales listing agreement. The Circuit Court granted the Homeowners Motion for a Summary Judgment. Realtor appeals.

The Homeowners entered into an exclusive listing agreement with the Realtor to sell their residence for a seven per cent sales commission to be paid upon the procurement of a purchaser for the sum of $45,500 “... or at a price acceptable to the owner....”…