Robert N. Samuels, Inc. v. Michaels

REDMANN, Judge.

Plaintiff appeals from the dismissal on the merits of its claim for a real estate agent’s commission. We affirm.

On the night of January 19, 1972, defendant landowner contacted plaintiff real estate agent’s president and sole shareholder, and signed a “listing agreement” granting plaintiff the exclusive right to sell (sic) and promising a 10% commission on any sale or lease of defendant’s property during the six-month time of the agreement.

Early January 20 plaintiff’s president (hereafter referred to as plaintiff) went to Florida, returning January 30. Meanwhile (perhaps on…