Owens-Illinois, Inc. v. Thomas Baker Real Estate, Ltd.

Thomas Baker Real Estate, Ltd. (Baker) and Owens-Illinois, Inc., entered into a real estate brokerage contract on March 15, 1986. The non-exclusive listing agreement, drafted by Baker, entitled him to a commission if he produced a buyer for an Owens-Illinois mill in Buena Vista. On April 7, 1986, Baker notified Owens-Illinois that he had a buyer who also was considering purchasing the mill’s inventory. The following day, April 8, the buyer told Baker he would purchase the mill at the stated price.

The same day a potential buyer from North Carolina contacted Owens-Illinois. The following day,…