Hedges Co. v. Shanahan

-Plaintiff predicates its right to recover a commission on a written contract for the exclusive agency for the sale of certain real estate. The petition states the cause of action in three counts: (1) the performance of the written contract (2) a breach of the contract and (3) on quantum meruit.

The facts of this case must be considered as alleged in plaintiff’s petition, and the point in issue must be determined by the interpretation of the contract in suit. Does the written contract relied upon negative the implied right of the owner to sell the property without liability for commission? The…