401 A.2d 625 | Conn. Super. Ct. | 1978
Lead Opinion
In its complaint the plaintiff, a licensed real estate broker, claimed that it was entitled to a commission because the defendant sold premises known as No. 20 Longview Drive, Windsor, Connecticut, during the term of an exclusive listing. After the plaintiff filed a copy of the exclusive listing in compliance with the defendant's motion for oyer, the defendant filed her answer, which included a special defense alleging that the action was prohibited by
"A motion for summary judgment is designed to eliminate the delay and expense incident to a trial when there is no real issue to be tried." Dorazio v. M. B. Foster Electric Co.,
An examination of the exclusive listing reveals that it was prepared on a printed form supplied by the plaintiff. The form contained several blank spaces, some of which were filled in, such as the name of the plaintiff as well as the location of the subject property, the sale price, the commission fee, the effective date of the listing together with its terms, and the signatures of the parties. The blank space for the date of the contract was partially filled in because the year was stated but the month and day were omitted. The space for the defendant's or owner's address was also left blank.
The plaintiff contends that a genuine issue of fact exists as to the date because the trier could infer that the statement on the exclusive listing, "[t]his agreement will be effective commencing Sept. 17, 1976," was the date of the contract or authorization. The plaintiff also urges that the court could reasonably and logically infer that the location of the property as shown on the agreement was in fact the defendant's or owner's address.
Section
As to the second requirement of the statute, there was no compliance because the address of the defendant was not inserted. That constitutes a material omission. It may well be that the location of the property for sale is also the address of the defendant or owner. That fact, however, is not contained in the agreement but is furnished in an affidavit filed by the plaintiff. "A statute which restricts the conduct of an occupation which was lawful at common law should be construed with reasonable strictness." Connecticut Chiropody Society, Inc. v. Murray,
There was no compliance by the plaintiff with the provisions of
There is no error.
In this opinion A. HEALEY, J., concurred.
Dissenting Opinion
I cannot agree that the contract in this case does not comply with the provisions of General Statutes
The parol evidence rule as a rule of substantive law; Panaroni v. Johnson,