Hope v. DeForest Realty, Inc.

Birdsong, Judge.

Action for commission. On June 3, 1976, appellant signed an exclusive listing contract with appellee broker to sell his home and the tract of land upon which it was situated. The contract provided that the house and land were to be sold for $39,000 with a $5,000 down payment and the remainder owner-financed, "or upon any other terms acceptable to me,” the broker to receive a 6% commission. That same day, appellant, through appellee, executed a contract to sell his property to one Moore, who inserted in the contract a standard "contingency clause,” providing that the sale was…