Weber

Plaintiff appeals from a judgment of dismissal entered in favor of defendant after a demurrer to plaintiff’s complaint for a real estate broker’s commission was sustained. Leave to amend was granted, but plaintiff elected not to plead further.

Allegations of the Complaint

Plaintiff was at all relevant times a licensed real estate broker whose services were retained in writing by defendant for the purpose of locating a buyer for certain enumerated resort properties operated as Echo Chalet, Inc. The writing by terms of which plaintiff was retained was executed on August 19, 1965, in the form of an exclusive “Authorization to Sell” (a standard form of real estate broker’s listing agreement) and was signed by plaintiff as broker and by defendant, in his individual capacity, as owner.

The principal terms of the written listing agreement were that defendant employed plaintiff from August 18, 1965, through November 1, 1965, to find a purchaser for the Echo Chalet resort and marina business, consisting of a lease, a special use permit, a license, improvements and personal property thereon including but not limited to the personal property set forth in the listing agreement,…