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Property Keyed to Rabin
Ellsworth Dobbs, Inc. v. Johnson
Facts
As Johnson’s (Defendant) broker, Ellsworth Dobbs, Inc. (Plaintiff), produced Iarussi to execute a purchase agreement with Plaintiff. Title did not close because Iarussi was unable to obtain the necessary financing. Plaintiff sued Defendant and Iarussi to collect commission. The trial court ruled in favor of Plaintiff, holding that Plaintiff’s right to the commission vested upon the execution of the contract, whether the sale was completed or not. The court of appeals reversed and ordered a new trial before a jury. Plaintiff appealed.
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