Scheerer, a licensed real estate agent, and Fisher, a manager of commercial real estate, knew each other from past dealings. Scheerer told Fisher that certain properties he thought may be of interest to Fisher were on the market. Fisher looked into the properties and made an offer to buy them for $20 million. The contract called for a 2% commission for Scheerer from the seller and another 2% commission from the buyer (Fisher). That deal fell apart. Fisher then formed another company that bought the property. Scheerer was not paid a commission and sued, contending that he was an agent for Fisher and an implied contract for his services has been breached. The trial court dismissed the suit. Scheerer appealed.