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Abstract

Plaintiff, a broker, procured from defendant a listing agreement for the sale of defendant's property. Plaintiff produced a purchaser, ready, willing, and able to purchase the property, but defendant refused to convey inasmuch as he had leased the property after giving the listing agreement. The lessee refused to cancel the lease for less than $3,000. Plaintiff brought an action to recover his commission and defendant disclaimed liability as the execution of the lease was known to plaintiff and to the prospective purchaser before the offer to purchase was made. Held, defendant could not alter the plaintiff's rights by placing a lease on the property and the fact that plaintiff knew of the lease before or about the time he produced a purchaser does not affect his right "to recover the commission agreed on in the listing agreement. Broomfield v. Abass, (Mich. 1948) 30 N.W. (2d) 874.

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