Francis v. Saleeby

JAMES D. CLEMENS, Special Judge.

Plaintiff, a real estate broker, had a verdict and judgment in his suit for a $1,500 real estate commission, and defendant land owner appeals.

Plaintiff’s theory is that after defendant had listed his property for sale, plaintiff came forward with a ready, willing and able buyer, but that defendant then reneged. Defendant seeks to excuse himself from paying the commission because (1) he agreed with plaintiff to exchange his property rather than sell it, and (2) plaintiff was (a) planning to purchase the property for himself or (b) acting in a dual capacity for…