IDEAL REALTY COMPANY v. Reese

Pannell, Judge.

These appeals arise out of two suits, one by a prospective purchaser, Bennie Auerbach, against the seller, Pearl Reese, seeking damages for breach of contract, the other by the real estate broker, Ideal Realty Company, against the seller for real estate commissions. Motions for summary judgment made by the plaintiff and the defendant in each case were overruled. Separate appeals were made to this court with the proper certificate of review. Held:

1. One of the defenses in each case in the lower court presents the question of whether the contract upon which the action in each…