STAR REALTY v. STRAHL

No. 52643.

154 N.W.2d 143 (1967)

STAR REALTY, Appellant, v. Arthur L. STRAHL and Genevieve M. Strahl, Appellees.

Supreme Court of Iowa.

November 14, 1967.


Attorney(s) appearing for the Case

Stewart, Miller, Wimer, Brennan & Joyce, Des Moines, for appellant.

Witmer, Needham & Riemenschneider, Des Moines, for appellees.


STUART, Justice.

Star Realty brought this action at law in the Des Moines Municipal Court seeking to recover a real estate commission. It claimed defendants failed to perform a contract of sale by refusing to deliver possession to a ready, willing and able purchaser who then rescinded the contract. The trial court allowed plaintiff its "out of pocket" expenses but denied recovery of the commission. Plaintiff appealed. Defendants did not cross-appeal.

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