Olson v. Neale

OPINION

EUBANK, Judge.

This is an action for broker’s commission arising from the sale of real property. The principal question raised by the parties on appeal is whether an extant broker’s listing agreement is a condition precedent to recovery of a sales commission. We hold that a valid agreement must be in force.

The facts of this case are as follows: On March 6, 1965, Gilbert and Hedwig Olson, gave to William G. Neale and Martha H. Neale, d/b/a Neale & Associates (hereinafter “Neale”) a written non-exclusive listing to sell the Olson ranch. The listing provided for a “broker’s commission,”…