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CHERRY v. JOYCE

No. 37,735

168 Kan. 475 (1950)

213 P.2d 1010

FRED CHERRY, doing business as CHERRY REALTY COMPANY, Appellee, v. EDWARD E. JOYCE, Appellant.

Supreme Court of Kansas.

Opinion filed January 28, 1950.

Attorney(s) appearing for the Case

Homer V. Gooing, of Wichita, argued the cause, and Howard T. Fleeson, Wayne Coulson, Paul R. Kitch, Dale M. Stucky and Donald R. Newkirk, all of Wichita, were with him on the briefs for appellant.

Richard K. Hollingsworth, of Wichita, argued the cause, and Clarence R. Sowers, of Wichita, was with him on the briefs for appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action to recover a real estate broker's commission under a written listing agreement. At the conclusion of defendant's evidence the court directed the jury to return a verdict for plaintiff in the sum of $1,475. Motion for a new trial was overruled and judgment being entered upon the verdict, defendant has appealed.

At the outset it may be stated that defendant admitted the execution...

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