A real estate broker appealed from a judgment denying commission after a purchaser entered into an agreement of purchase and sale, paid a deposit, and then refused to close.
The majority held that the listing agreement governed the broker's entitlement and required a completed sale, absent vendor default, before commission became payable.
Because the purchaser was unwilling to complete the transaction and the vendor had not reneged, the broker failed to establish entitlement to commission or to the deposit.
The appeal was dismissed, with a dissent concluding that procurement of a valid offer was sufficient to trigger commission.
