Limberopoulos v. Tom Fannin and Associates

EUBANK, Judge.

This appeal is from a summary judgment awarding the plaintiff (appellee) its real estate broker’s commission based on an express written “listing agreement” with the defendants. The main question raised is whether a genuine issue of material fact existed which would preclude the trial court from granting the summary judgment. De fendants contend that there is such an issue and the plaintiff denies it.

The undisputed facts show that on October 25, 1969, the defendants executed a listing agreement for the sale of their real property located at 26 North Lindsay Road, Mesa, Arizona,…