Bushnell Real Estate, Inc. v. Nielson

DURHAM, Justice:

This is an appeal from a summary judgment granted to the plaintiff, Bushnell Real Estate, Inc., against the defendants, Robert S. and Bradley J. Nielson. The plaintiff sued to collect on a promissory note from the defendants for the unpaid portion of the plaintiff’s broker’s commission. The defendants admitted making and delivering the note, but denied liability on the grounds that the note was a “conditional contract” and that the condition was unfulfilled. At a hearing on the plaintiff’s motion for summary judgment, the defendants moved for leave to amend their answer to…