Kleven v. Cities Service Oil Co.

The issue on this appeal is whether a real-estate broker, who has submitted an offer to purchase to his principal, which is in substantial variance with the terms of sale set forth in the listing contract, is entitled to recover his broker’s commission where the principal in rejecting the offer gives no reason therefor other than a desire not to sell.

We do not deem that there is before us the issue of which of the variances between the offer to purchase and the listing contract are substantial or whether all of such individual discrepancies taken together constitute a substantial variance.…