Cooley v. Miller

CULPEPPER, Judge.

This is a suit by a realtor to recover from defendant the commission and attorney’s fees due under a contract. The trial judge awarded to plaintiff $1,360 in commission and $250 in attorney’s fees. From this ruling defendant appealed. Plaintiff answered the appeal, asking that the award for attorney’s fees be increased to include those incurred on appeal.

On March 30, 1973, plaintiff and defendant entered into a “Realtor’s Sales Agency Contract”. This contract provides in pertinent part:

“In consideration of your agreement to list the property herein described, and to use your…