Denver 1500, Inc. v. Wall

COYTE, Judge.

Plaintiff appeals from a judgment denying its recovery in a suit for a real estate commission. We affirm.

Defendants listed their property for sale with plaintiff, a licensed real estate broker. It found a purchaser who signed an agreement to buy the property by assuming the existing incumbrances on the property as the total purchase price. At the bottom of the contract form was a separate agreement wherein defendants agreed to pay a 7% commission to plaintiff on the gross sales price of the property. There was typed above defendants’ signature, “Commission shall be paid in cash…