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SUBURBAN REALTY, INC. v. ALBIN

No. 88-178.

131 N.H. 689 (1989)

SUBURBAN REALTY, INC. v. TED ALBIN

Supreme Court of New Hampshire.

June 13, 1989.

Attorney(s) appearing for the Case

Cullity, Kelley & McDowell, of Manchester (Benjamin Yardley on the brief and orally), for the plaintiff.

McSwiney, Jones, Semple & Douglas P.C., of Concord (Robert J. Lynn and Katherine E. Stine on the brief, and Mr. Lynn orally), for the defendant.

Stephen E. Merrill, attorney general (Robert E. Dunn, Jr., attorney, on the brief), by brief for the State, as amicus curiae.

THAYER, J.

The plaintiff, Suburban Realty, Inc., brought suit to recover a real estate broker's commission from the defendant, Ted Albin, pursuant to an alleged oral listing agreement. The Superior Court (O'Neil, J.) granted the defendant's motion to dismiss on the ground that the lack of a written listing agreement barred the plaintiff's recovery under New Hampshire Administrative Rule Rea 404.05 (Rule 404.05). The plaintiff now appeals.

The only issue...

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