Elsom v. Sanders

This action was brought to recover a commission on the sale of real estate. The trial resulted in a judgment dismissing the action, from which the plaintiff appeals.

On March 8, 1920, the respondent, by written instrument, gave to the appellant “the exclusive right to sell” the property therein described during the time specified. Subsequently the respondent, the owner, sold the property; the appellant was not the procuring cause of the sale. While there is a dispute as to whether the sale by the respondent was made within the time covered by the contract giving to the appellant the exclusive…