Mathes v. Gaines

Plaintiff, a real estate agent, sues for a commission alleged to have been earned when he secured a person ready, able, and willing to purchase, at a satisfactory price, certain property owned by defendant and listed with plaintiff for sale.

Defendant refuses to pay the commission and seeks to justify her refusal on the ground that, when she agreed to sell her property for a price of $10,400, she was induced by plaintiff to believe that the property was undesirable by reason of the fact that it was subject to certain zoning restrictions and that there was no hope of having the restrictions,…