SMITH v. BURTON

No. 8302.

4 Utah 2d 61 (1955)

286 P.2d 806

WALLACE R. SMITH, D/B/A SMITH REALTY CO., PLAINTIFF AND APPELLANT, v. C. TAYLOR BURTON, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

August 1, 1955.


Attorney(s) appearing for the Case

Dwight L. King, Salt Lake City, for appellant.

Vernon Romney, Salt Lake City, for respondent.


HENRIOD, Justice.

Appeal from part of a judgment denying a $4,000 claim of plaintiff, and cross-appeal from a part awarding $2,000 to plaintiff. Denial of the $4,000 claim is affirmed and the award of $2,000 is reversed, costs to defendant.

This action is for $6,000 allegedly due for realty commissions, which amount, in plaintiff's words, was made up of "$2,000 * * * claimed under a memorandum agreement * * * marked Exh. 7" and "the balance of $4,000...

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