Wilbur Smith & Associates v. National Bank Ex Rel. Estate of DesChamps

Littlejohn, Justice:

This appeal is from the order of the circuit court directing that James Cuttino & Sons be paid a real estate commission from the sale of real property by the executor of the estate of J. Willcox DesChamps. The executor appeals. We affirm.

DesChamps owned approximately 650 acres of undeveloped land in Sumter County. In March of 1973, DesChamps, then 80 years of age, entered into a contract with Cuttino. The printed form contract was labeled an “Exclusive Listing Agreement” and provided that, in consideration of Cuttino agreeing to advertise and make all reasonable efforts to…