Express Realty Co. v. Zinn

This is an action to recover brokerage commissions. The complaint alleges, in substance, that the plaintiff entered into an agreement with the defendants to sell the latters’ home at a fixed price or what is commonly termed a “ net listing ” and that he did, in fact, procure a ready, willing and able buyer but that the defendants wrongfully failed and refused to consummate the purchase and sale transaction.

At the commencement of trial, the defendants moved to dismiss the complaint upon the ground that the relief sought is barred by section 175.19 as set forth in the Official Compilation of…