Shannon Real Estate, Inc. v. Toll

GARDINER, Judge.

Plaintiff, a real estate broker, appeals from a judgment rendered by the First Parish Court of Jefferson dismissing its suit for the recovery of a commission allegedly due by defendant under an implied verbal listing.

Defendant denied that he had any contractual relationship with and incurred no obligation to plaintiff.

The basis of plaintiff’s claim is an alleged contract which it has the burden of establishing, with certainty and by a preponderance of the evidence. This plaintiff has failed to do. Lowenthal v. Stansell, La.App., 135 So.2d 72, and cases therein cited.

Our review…