Kemp (P) was a contractor who built a single family home and listed that home with Gannett (D) a Realtor who agreed to list the home and to buy it if it did not sell within 90 days. The trial court found for P when D did not sell the home nor buy it himself. The house eventually sold over a year later at a lower price. The damages award was $4,725, and D appealed.

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