Barber v. Vernon

Plaintiff’s action to recover a real-estate broker’s commission resulted in a jury verdict favorable to him. Defendants’ motion for judgment notwithstanding the verdict or for new trial was denied and they appeal. The various issues raised on appeal will be considered in the order defendants have presented them.

July 30,1962, defendants executed a 60-day listing-agreement with plaintiff granting him the exclusive right to sell their property for $24,000 on terms with $12,000 down, or upon any other price, terms, or exchange to which sellers might thereafter consent. The agreement contained the…