Hayden Outdoors, Inc. v. Niebur

MEMORANDUM AND ORDER

J. THOMAS MARTEN, District Judge.

The court has before it defendant John Stratman’s Motion to Dismiss for Failure to State a Claim (Dkt. 12). After reviewing the parties’ briefs on the motion, the court is prepared to rule.

I. Background

The complaint alleges the following facts. Plaintiff Hayden Outdoors signed a contract, agreeing to sell 22,720 acres of Delmer Zweygardt’s farm land on June 27, 2008. The contract was an “Exclusive Right to Sell Listing Agreement,” under which Hayden was entitled to a 7% commission of the final sales price. The agreement included a provision…