Cengage Advantage Books: Fundamentals of Business Law 9th Edition by Roger LeRoy Miller

Exercise 18

Acceptance. In August, Kathy Wright entered into a written agreement with a real estate agent, Jennifer Crilow, to sell certain real estate in Ohio. The agreement ran until February 28. A "protection period" provision in the agreement stated that if the property sold within six months after the agreement expired to a party who had been shown the property during the term of the agreement, Crilow would be paid a commission. In January, Crilow switched agencies and asked Wright to sign a new contract. They orally agreed on the terms, which included an expiration date of April 30. Crilow sent Wright a written copy of the agreement. Wright crossed out the protection period provision and signed and returned the copy. Crilow filed it without reviewing it. Before April 30, Crilow showed Wright's property to Michael Ballway. Less than six months later-after the agreement had expired but within the protection period-Ballway bought the property. Crilow filed a suit against Wright in an Ohio state court seeking a commission on the sale. Did the parties' contract include the protection period provision? Does Wright owe Crilow a commission? Explain. [ Crilow v. Wright , __ N.E.2d __ (Ohio App. 5 Dist. 2011)]