GERTZ v. ALLEN

78-257.

376 So.2d 695 (1979)

Jenny GERTZ, Trustee v. Leonard F. ALLEN, III, Individually and d/b/a The Allen Agency, et al.

Supreme Court of Alabama.

November 2, 1979.


Attorney(s) appearing for the Case

Jenny Gertz, pro se, as trustee.

J. Donald Banks, Mobile, for appellee, Leonard F. Allen, III, individually and d/b/a The Allen Agency.

Philip H. Butler, Montgomery, and T. R. Ward, Abbeville, for appellees, Mathison.


ALMON, Justice.

This is an appeal from a declaratory judgment. Leonard F. Allen brought this action seeking a declaration that he either be paid a commission for arranging the sale of certain real property or should recover a portion of the earnest money placed in escrow by the buyer.

On July 8, 1975, Leonard F. Allen, a real estate agent, entered into a listing agreement with C. C. Mathison and J. C. Mathison. The agreement provided that Allen was to attempt...

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