FARNSWORTH SAMUEL, LTD. v. GERHOLD

No. CA 1105.

449 So.2d 114 (1984)

FARNSWORTH SAMUEL, LIMITED v. Adolph J. GERHOLD, Jr. et al.

Court of Appeal of Louisiana, Fourth Circuit.

April 6, 1984.


Attorney(s) appearing for the Case

Anthony M. DiLeo and Gerard E. Wimberly (Stone, Pigman, Walther, Wittmann & Hutchinson), New Orleans, for plaintiff.

Bruce G. Reed (Reed & Reed), and Leonard L. Levenson (Levenson & Bonin), New Orleans, for defendants.

Arthur L. Ballin, New Orleans, for Real Estate Board of New Orleans, Inc., amicus curiae.

Before REDMANN, C.J., and BARRY and KLEES, JJ.


REDMANN, Chief Judge.

We affirm the dismissal on the merits of a real estate broker's claim for a commission on a transfer of property. A written listing agreement gave plaintiff the "exclusive right to sell" and a commission on "any agreement to sell or exchange." We find no error in the trial judge's conclusion that parol evidence shows that that wording was not intended to apply to the transfer that occurred.

The questions are whether parol evidence was...

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