Bayer v. McDade

EVANS, Justice.

This is an action by a real estate broker to recover a commission allegedly due under his listing agreement with the defendant, the owner of the property in question. The broker alleged that the owner breached the terms of the listing agreement by failing or refusing to enter into an earnest money contract with a prospective purchaser. After a non-jury trial, the trial court entered judgment in favor of the broker for the amount of his claimed commission and for attorney’s fees.

The principal contention of the owner is that the listing agreement is void for want of sufficient…