Donaldson v. LeNore

HOLOHAN, Justice.

Plaintiffs, assignees of a broker’s real estate commission, brought suit against defendants, vendors of the subj ect property, to recover from defendants the balance allegedly owed on the commission. The trial court, sitting without a jury, rendered judgment in favor of the defendants, and plaintiffs appealed.

Appellants (plaintiffs) contend that the trial court erred in ruling that the real estate commission was payable only out of the payments to be received from the purchasers pursuant to the contract of sale. Appellants also contend that appellees were estopped to deny…