Cogan v. Kidder, Mathews & Segner, Inc.

(dissenting) — Before examining the applicable law, it is necessary to review the facts, some of which are glossed over by the majority.

I

The plaintiff is John Cogan as personal representative of the Banchero estate. Cogan is an experienced lawyer, knowledgeable in real estate matters. He had been trying to sell the Banchero property for several years prior to the events which are the focus of this case; he had contacted *669many brokers and had advertised the sale, but his efforts had not produced a single offer at any price.

Several factors made this property difficult to sell. The market was…