COLLINS v. OGBURN REALTY CO., INC.

No. 8010DC304.

271 S.E.2d 512 (1980)

Alfred L. COLLINS, Jr. and wife, Kathleen B. Collins; George C. Mussotter and wife, Jaris Mussotter v. OGBURN REALTY COMPANY, INC.; J. R. Ogburn.

Court of Appeals of North Carolina.

October 30, 1980.


Attorney(s) appearing for the Case

Brenton D. Adams, Raleigh, for plaintiffs-appellants.

Seay, Rouse, Johnson, Harvey & Bolton by Ronald H. Garber, for defendants-appellees.


ERWIN, Judge.

Plaintiffs assign as error, inter alia, the summary adjudication of their liability to defendants for a six percent realtor's commission. They contend that there was neither evidence that the Collinses were "ready, willing and able" to purchase plaintiffs' house at the listing price, nor evidence that defendants were the procuring cause of the eventual sale of the property. Plaintiffs further contend that defendants are precluded from recovering...

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