Cearley v. Farris

Louisiana Court of Appeal

Cearley v. Farris

392 So. 2d 115, 1980 La. App. LEXIS 4779

CourtLouisiana Court of Appeal

DecidedOctober 6, 1980

DocketNo. 13589

StatusPublished

Cited by1 cases

This text of 392 So. 2d 115 (Cearley v. Farris) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cearley v. Farris, 392 So. 2d 115, 1980 La. App. LEXIS 4779 (La. Ct. App. 1980).

Pincite

Opinion

CHIASSON, Judge.

The trial court granted summary judgment and ordered the dismissal of plaintiff’s suit against defendant, Robert J. Far-ris.

Plaintiff, Builders Center, Inc., filed suit against defendant for a real estate commission pursuant to a contract with defendant to sell certain property owned by defendants, Robert and Ann Farris. Plaintiff alleges it was the procuring cause of the sale that ensued. Defendant contends that the initial negotiations with the purchaser had ceased and broken off due to the rejection of the offer by the purchaser. Thereafter, the negotiations were conducted solely by another person which ultimately resulted in the sale. Plaintiff, on the other hand, contends the negotiations were continuous.

This is a dispute as to a material fact which can only be resolved on the trial of the case. La.C.C.P. art. 966; Chaisson v. Domingue, 372 So.2d 1225 (La.1979); Womack Agencies v. Fisher, 86 So.2d 732 (La.App. 1st Cir. 1956); Bullis & Thomas v. Calvert, 162 La. 378, 110 So. 621 (1926).

For this reason, the summary judgment of the trial court is vacated and the case is remanded to the trial court for further proceedings. All costs of this appeal are to be paid by Robert J. Farris. All other costs are to await the final disposition of the suit.

JUDGMENT VACATED — CASE REMANDED.

Free access — add to your briefcase to read the full text and ask questions with AI

CHIASSON, Judge.

The trial court granted summary judgment and ordered the dismissal of plaintiff’s suit against defendant, Robert J. Far-ris.

Plaintiff, Builders Center, Inc., filed suit against defendant for a real estate commission pursuant to a contract with defendant to sell certain property owned by defendants, Robert and Ann Farris. Plaintiff alleges it was the procuring cause of the sale that ensued. Defendant contends that the initial negotiations with the purchaser had ceased and broken off due to the rejection of the offer by the purchaser. Thereafter, the negotiations were conducted solely by another person which ultimately resulted in the sale. Plaintiff, on the other hand, contends the negotiations were continuous.

This is a dispute as to a material fact which can only be resolved on the trial of the case. La.C.C.P. art. 966; Chaisson v. Domingue, 372 So.2d 1225 (La.1979); Womack Agencies v. Fisher, 86 So.2d 732 (La.App. 1st Cir. 1956); Bullis & Thomas v. Calvert, 162 La. 378, 110 So. 621 (1926).

For this reason, the summary judgment of the trial court is vacated and the case is remanded to the trial court for further proceedings. All costs of this appeal are to be paid by Robert J. Farris. All other costs are to await the final disposition of the suit.

JUDGMENT VACATED — CASE REMANDED.

Cite This Page — Counsel Stack

Bluebook (online)

392 So. 2d 115, 1980 La. App. LEXIS 4779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cearley-v-farris-lactapp-1980.

Opinion

Related

Cite This Page — Counsel Stack