Jolly v. Kent Realty, Inc.

BROOKS, Judge.

In this case the plaintiffs William Jolly and Jolly Realty and Investment Co. appeal the trial court’s judgment dismissing their complaint for specific performance of an alleged agreement to sell real property and for recovery of a real estate broker’s commission. Because matters outside the pleadings were presented to and not excluded by the trial court, we view the judgment as one of summary judgment pursuant to Rule 56, Arizona Rules of Civil Procedure. See Rule 12(b), Arizona Rules of Civil Procedure. The appeal presents for our consideration the following issues: (1)…