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BURGE v. FIRST SOUTHERN SAV. BANK

No. 9326SC507.

442 S.E.2d 552 (1994)

114 N.C. App. 648

Robert A. BURGE T/A Robert A. Burge Real Estate Investments, and ACC Management, Inc., Plaintiffs, v. FIRST SOUTHERN SAVINGS BANK, Defendant.

Court of Appeals of North Carolina.

May 3, 1994.

Attorney(s) appearing for the Case

Eugene S. Tanner, Jr., Greensboro, for plaintiff appellants.

Brooks, Pierce, McLendon, Humphrey & Leonard by S. Leigh Rodenbough, IV and John W. Ormand, III, Greensboro, for defendant appellee.

ARNOLD, Chief Judge.

Plaintiffs argue that they are entitled to a commission on the sale of defendant's property because their prospect ultimately purchased the property. A real estate broker is entitled to a commission if the broker proves (1) the existence of a binding contract between the broker and seller and (2) the broker's performance of that contract. Thompson-McLean, Inc. v. Campbell, 261...

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