Herb Fox, Ltd., Realtors v. Stewart

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

Robert W. Stewart, the defendant, appeals from a summary judgment entered in favor of Herb Fox, Limited, Realtors, the plaintiff, for a $2,700 real estate brokerage commission. Defendant contends that the trial judge erred in concluding as a matter of law that defendant, by signing the sales contract with a prospective purchaser, accepted the purchaser and is therefore precluded from denying that he was ready, willing and able to perform.

From the pleadings and affidavits on file, it appears that plaintiff, a real estate…