Deforest Industries, Inc. v. Gaetano

The plaintiff instituted this action for the recovery of a real estate commission and reasonable legal fees allegedly due pursuant to a listing agreement. The trial court found for the plaintiff and awarded damages in the amount of $61201 but denied recovery of legal fees. From this judgment the defendants have appealed. The plaintiff has filed a cross appeal from the denial of its claim for legal fees.

The relevant facts are as follows: On July 1, 1978, the plaintiff, DeForest Industries, Inc., and the defendants Michael Gaetano and Carol Gaetano entered into an exclusive listing agreement.…