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Gray v. Stratton Real Estate12/12/2001
Appeal from the District Court of Natrona County The Honorable David B. Park, Judge
[ ] Jan Charles Gray appeals from a judgment entered against him on a lease contract. Finding Gray's argument on appeal to be without merit, we affirm the judgment of the district court and, finding no just cause for this appeal, award sanctions against Gray.
ISSUE
[ ] Appellant frames the issue as:
Whether a real estate listing agreement without a "definite expiration date," as required by Wyoming Statute § 33-28-111 is enforceable.
Appellee rephrases the issue slightly:
Whether the written contract between the parties is illegal by operation of Wyoming Statute § 33-28-111 (1999), thereby rendering the contract void in its entirety.
FACTS
[ ] Gray and Stratton Real Estate (Stratton) entered into an "Exclusive Leasing and Commission Agreement" (Agreement) in May 1999. Under the terms of the Agreement, Gray, as the owner of certain office space, agreed to pay Stratton a commission of ten thousand dollars in exchange for Stratton negotiating a lease for the office space on his behalf. The proposed tenant with whom Stratton was to pursue negotiations was delineated in the Agreement. Gray agreed to pay Stratton five thousand dollars upon consummation of the lease, and the remaining five thousand dollars on September 1, 1999.
[ ] Stratton successfully negotiated the lease, and the lease agreement was signed. Gray refused to pay any portion of the commission. Stratton brought suit against Gray for breach of contract. After a trial, judgment was entered against Gray in the amount of ten thousand dollars plus interest and costs. Gray filed a timely notice of appeal. Stratton claims that there is no reasonable cause for this appeal and requests this Court impose sanctions on Gray pursuant to W.R.A.P. 10.05.
STANDARD OF REVIEW
[ ] Gray presents a pure question of law for our review, requiring an interpretation of Wyo. Stat. Ann. § 33-28-111(a)(xx). "Statutory interpretation is a question of law, so our standard of review is de novo." May v. May, 945 P.2d 1189, 1191 (Wyo. 1997).
Our rules of statutory interpretation are well established. We decide initially whether the statute is clear or ambiguous. Lyles v. State ex rel. Division of Workers' Compensation, 957 P.2d 843, 845 (Wyo. 1998). This Court makes that determination as a matter of law. Allied-Signal, Inc. v. Wyoming State Board of Equalization, 813 P.2d 214, 220 (Wyo. 1991); see also Parker Land and Cattle Company v. Wyoming Game and Fish Commission, 845 P.2d 1040, 1043 (Wyo. 1993). If we determine that a statute is clear and unambiguous, we give effect to the plain language of the statute. Wyoming Dept. of Transp. v. Haglund, 982 P.2d 699, 701 (Wyo. 1999).
" e refuse to enlarge, stretch, expand, or extend a statute to matters which do not fall within its express provisions." Bowen v. State, Wyoming Real Estate Comm'n, 900 P.2d 1140, 1143 (Wyo. 1995).
DISCUSSION
[ ] Gray argues that the Agreement is not enforceable because it violates Wyo. Stat. Ann. § 33-28-111(a)(xx). Title 33, chapter 28, article 1 contains general licensing provisions for real estate brokers and salesmen. Section 111(a)(xx) is entitled " ensure of licensee and suspension or revocation of license; grounds," and specifically provides:
(a) The commission shall upon a written sworn complaint or may upon its own motion investigate the actions of any broker, associate broker or salesman and may censure the licensee, suspend or revoke any license issued under this act . . . for any of the following:<
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