DL STOKES & CO., INC. v. McCoy

We agree with the trial judge that the petition did not, either before or after amendment, set out a cause of action. It is generally known that in the real estate business sometimes the seller is bound for the commission, and at other times the purchaser is bound, depending upon the contract between the seller and the broker.

In such a case as here the mere knowledge of the salesman that one was offering the property for sale would not imply that the owner was to receive less than the amount for which he offered his property for sale, and there is nothing in the record which would indicate…