BARRETT v. HINEY

No. 7479.

94 Ariz. 133 (1963)

382 P.2d 240

Don J. BARRETT, Appellant, v. William M. HINEY, Appellee.

Supreme Court of Arizona. In Division.

May 29, 1963.


Attorney(s) appearing for the Case

Favour & Quail, Prescott, for appellant.


BERNSTEIN, Chief Justice.

Appellant was plaintiff in a suit to collect a real estate commission. The trial court held that on most of the issues the evidence supported the plaintiff's position but that judgment should be entered for the defendant on the ground that there was a variance in the terms of payment and that these terms did not meet the listing contract. Neither waiver nor estoppel were applicable to the facts in the case.

Appellant has made numerous...

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