Real Estate Development & Investment Co. v. D'Antoni

SCHOTT, Judge.

This is a suit by plaintiff as operator of Erwin Realty, Inc., a real estate broker, for a commission on the sale of property known as “Wild Wings” by Dr. Joseph S. D’Antoni to Lee Matherne in February, 1974 for $620,000. Defendant is the executor of D’Antoni’s succession. In response to the petition defendant filed a peremptory exception of res judicata on the basis of a receipt and release agreement executed by plaintiff in September, 1973. From a judgment sustaining this exception and dismissing plaintiff’s suit it has appealed. The issue is whether the release was broad…