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HAYMES v. ROGERS

No. 5189.

70 Ariz. 408 (1950)

222 P.2d 789

HAYMES v. ROGERS.

Supreme Court of Arizona.

October 9, 1950.

Attorney(s) appearing for the Case

Marshall W. Haislip, of Phoenix, for appellant.

Robert & Price, of Phoenix, for appellee.

DE CONCINI, Justice.

In our former opinion, June 12, 1950, 70 Ariz. 257, 219 P.2d 339, we held that as a matter of law there was bad faith shown on the broker's part which precluded him from recovery of his commission. In the light of the motion for rehearing and a re-examination of the evidence and instructions we are constrained to change our view.

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