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CORNET & ZEIBIG, INC. v. 430 WITHERS REALTY CO.

No. 52564.

415 S.W.2d 751 (1967)

CORNET & ZEIBIG, INC., a Corporation, Respondent, v. 430 WITHERS REALTY CO., a Corporation, Appellant, and Missouri Pipe Fittings Company, a Corporation, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied June 12, 1967.

Attorney(s) appearing for the Case

Mark D. Eagleton, Thomas F. Eagleton, J. J. Thyson, Daniel P. Reardon, St. Louis, for Missouri Pipe Fittings Co.

Cook, Murphy, Lance & Mayer, D. Jeff. Lance and Samuel B. Murphy, St. Louis, for respondent Cornet & Zeibig, Inc.

Edwin Grossman, John T. Murphy, Jr., St Louis, for Withers Realty Co.

DONNELLY, Judge.

In this court-tried suit, Cornet & Zeibig, Inc., a real estate broker (Broker) sued 430 Withers Realty Company (Seller) and Missouri Pipe Fittings Company (Buyer) for a commission in connection with the sale of real estate in the City of St. Louis. Seller cross-claimed against Buyer for such amount as Broker recovered against Seller, together with the cost of defending Broker's claim. At trial, Broker dismissed as to Buyer. Judgment in the trial...

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