Sipe v. Pearson

Plaintiffs brought this action to recover $4,000 in broker’s fees. The case was tried to the court without a jury. Judgment was entered in favor of defendant, including attorney fees. Plaintiffs appeal.

The parties executed a "Real Estate Broker’s Employment Contract” on February 4, 1974, describing defendant’s property, consisting of approximately 118 acres. The contract authorized plaintiffs to sell the land under an exclusive listing and provided that plaintiffs’ commission would be $8,000, 10 percent of the selling price ($80,000).

Plaintiffs asked defendant if she would consider selling…