Kerry-Rand & Associates v. Peddicord

Colwell, D.J.,

Retired.

This is a suit by Kerry-Rand and Associates, plaintiff, to recover a real estate broker’s commission from Tom Peddicord, defendant. Summary judgment was entered in favor of plaintiff for $99,925.73. Defendant appeals. We affirm.

The petition alleges the parties executed an exclusive “Farm Listing Contract” (Listing) on April 23, 1981, for the sale of a ranch and that defendant sold the ranch himself during the term of the Listing, which obligated him to pay a broker’s commission under the express “fees” terms of the Listing. Defendant answered by general denial, and…