Samar, Inc. v. Hofferth

OPINION

SHARPNACK, Chief Judge

Samar, Inc., appeals the trial court’s judgment in favor of Jack Hofferth in a breach of contract action. Samar raises two issues, which we restate as:

1) whether the trial court erred in awarding Hofferth a commission based on its finding that Samar had not entered into an exclusive right to sell listing contract following the expiration of the Samar-Hofferth listing agreement; and

2) whether Hofferth waived his right to a commission.

We affirm and remand for a determination of Hofferth’s reasonable appellate attorney fees.

The facts most favorable to the judgment…