Dave Zerwas Co. v. James Hamilton Construction Co.

OPINION

BACA, Justice.

Plaintiff-Appellant, Dave Zerwas Company (“Zerwas”) appeals from the judgment entered in favor of Defendant-Appellee, James Hamilton Construction Company, (“Hamilton”). Zerwas filed suit against Hamilton alleging that Hamilton owed Zerwas a real estate commission and gross receipts tax based on an exclusive real estate listing contract. On appeal we address one issue: Whether conduct alone can serve as consent to the cancellation of an exclusive listing contract when the exclusive listing contract is within the Statute of Frauds, NMSA 1978, § 47-1-45 (Repl.Pamp.1991).1 We…