Stromberg v. Smith

OPINION

NIERENGARTEN, Judge.

Appellants contend the district court erred by concluding real estate documents could not be altered by parol evidence and granting summary judgment against appellants’ equitable claims. We affirm in part, reverse in part and remand.

FACTS

Appellants Richard and Jean Smith entered into a “net” listing agreement with respondent Clarence Kemp under the terms of which the buyer would make a $50,000 cash down payment, the Smiths would “net” $850,000 from the sale of their apartment complex property, and Kemp’s brokerage fees would consist of “the dollar amount in excess…