Business Specialists, Inc. v. Land & Sea Petroleum, Inc.

Brokers appeal an adverse summary judgnent on their claim for breach of a marketing agreement for the sale of a business and land. They argue the trial court erred in entering summary judgment because genuine issues of material fact existed. We disagree and affirm.

The brokers filed a complaint against the seller for breach of a brokerage-commission contract. They alleged that the parties entered into a marketing agreement, which provided the following.

Seller agrees that if the listing agreement is cancelled or withdrawn during the listing term or Broker procures a ready, willing and able…