Altman v. Arndt

WALTERS, Chief Judge.

This is an appeal from a summary judgment granting a real estate broker a commission resulting from the sale of land. Because we hold that a genuine issue of material fact exists concerning the commission agreement entered into between the sellers of the land and the broker, the summary judgment must be set aside. I.R. C.P. 56(c).

The sellers, Mr. and Mrs. Arndt, listed the property for sale with Mr. Altman, the broker. Subsequently, the land was sold to a buyer who had been produced by the sellers and not by the broker. The broker filed suit for a commission. His…