dissenting:
I dissent from the majority. I believe that it was error to dismiss the action because the plaintiff could recover under some set of facts as alleged in the complaint. It appears to me that the listing agreement authorized Kiser Beaver Real Estate, Inc. to sell the property. If the evidence shows that plaintiff accepted the offer to sell as made through defendant’s agent, this made a valid contract to convey. I vote to reverse the judgment of the superior court.