Winter v. Surfview Realty, Inc.

DAUKSCH, Chief Judge.

This is an appeal from a judgment in favor of appellee in a suit for the payment of a real estate broker’s commission.

The parties entered into a contract entitled “Exclusive Right of Sale” which in essence allowed the “broker,” Surfview Realty, Inc., 365 days to sell the Kings Inn (and other named motels) and to collect a five percent commission for the sale. It also provided that the broker would receive the commission even if the owner (Winter) sold the property without the broker’s involvement and even if another broker secured the sale.

The appellee filed a suit…