Hieatt Bros., Incorporated v. Kirwan.

Opinion op the Court by

Turner, Commissioner

^Reversing.

Appellant is a corporation engaged in the real estate business in Louisville. Appellee is a property owner in Louisville, and in the summer of 1921 listed for sale with appellant in the regular way, at a fixed price, some property owned by him on Jacob street, giving to appellant an exclusive agency for a definite period.

No sale having been made, in November, 1921, after the expiration of the term of exclusive agency, appellee by writing directed to appellant withdrew the property from the market, but said he might put the property on the…