Smith v. H. Pearce Real Estate Co.

Citations

• 232 Conn. App. 82

Syllabus

The plaintiffs, S, a licensed real estate broker, and D Co., a real estate brokerage owned by S, appealed from the judgment of the trial court award- ing them damages in their breach of contract action arising from an asset purchase agreement between the plaintiffs and the defendant and from the trial court's judgment in an interpleader action, awarding a contested real estate commission to the defendant. They argued, inter alia, that the court improperly found that the defendant had proven its special defense and was entitled to a setoff for the overpayment of a commission that it had previously paid to S pursuant to the agreement. Held: The trial court's finding that the sale of a certain property was not pending as of the date required by the parties' agreement and, thus, that the defendant was entitled to a setoff for its payment to S as a commission for the sale of that property was not clearly erroneous, as the court's finding was sup- ported by the evidence. This court declined to review the plaintiffs' inadequately briefed claim that the trial court improperly concluded that S was personally liable for the set- off. The trial court properly concluded that the parties' agreement, which included a schedule of excluded assets, limited assets excluded from the sale to those leases renewed on or about the dates listed next to each lease renewal on the schedule. Argued January 16—officially released April 15, 2025