Otto Real Estate, Inc. v. Shelter Investments

Plaintiff filed suit to recover a broker’s commission or finder’s fee from the defendants with respect to the sale of certain real property. Plaintiff’s motion for summary judgment on liability was granted, as was its subsequent motion for summary judgment on damages. The circuit court awarded plaintiff $121,200, which represented 6% of the total sale price.

On appeal, defendants contend that (1) plaintiff may not recover in quantum meruit because an express contract existed between the parties, (2) a material question exists as to whether plaintiff was the procuring cause of the sale or…