Stafford v. Shewmake

OPINION

McDONALD, Chief Justice.

This is an appeal from summary judgment that plaintiff take nothing, in a suit for a real estate brokers commission.

Plaintiff Stafford, a real estate broker, sued defendants Shewmake and wife, alleging they signed an exclusive listing agreement on certain land, agreeing to pay him a 6% commission if such land was sold; that defendants thereafter breached such contract and sold the land * * * for $15,200. Plaintiff prayed for judgment for $1300.

Defendants filed general denial, and defendant Shewmake filed affidavit that he had never signed the exclusive listing…