Bishop v. Norell

JOHNSON, Justice.

Appeal by defendant-seller from a summary judgment entered in plaintiff’s action to recover a brokerage commission allegedly earned by virtue of an open listing agreement between plaintiff and defendant.

The instant matter was consolidated below with a companion case, Young v. Bishop, 88 Ariz. 140, 353 P.2d 1017, which was an action by a group of buyers to enforce specific performance of an alleged contract of sale with the present defendant-seller. While it arose out of the same transaction involved in that case, the present controversy presents an issue basically distinct…