Smith v. Taylor-Morley, Inc.

HOFF, Judge.

Taylor-Morley, Inc. (TMI) appeals a summary judgment granting Mary Roslyn Smith (Smith) $97,966.64 which includes commission plus prejudgment interest for her services as a real estate agent after breach of a purchase contract. We affirm.

First, TMI contends the trial court erred in granting summary judgment because the purchase contract is ambiguous by use of the phrase “plat approval”, and such an ambiguity is to be resolved by a jury. Second, TMI contends Smith lacks standing to pursue the action because the assignment by Deer Wood Realty Specialist, Inc. (Deer Wood) to Smith of…