HORNE v. TIMBANARD

No. 2 CA-CIV 345.

6 Ariz. App. 518 (1967)

434 P.2d 520

Howard S. HORNE, dba Howard S. Horne & Associates Investment & Realty Company, Appellant, v. Joseph TIMBANARD, Appellee.

Court of Appeals of Arizona.

Rehearing Denied November 15, 1967.

Review Denied December 19, 1967.


Attorney(s) appearing for the Case

Lesher, Scruggs, Rucker, Kimble & Lindamood, by Robert O. Lesher, Tucson, for appellant.

Strickland, Altaffer, Davis & Eppstein, by Robert W. Eppstein, Tucson, for appellee.


MOLLOY, Judge.

This appeal presents the question of whether the trial court, as it was presenting issues of fact to a jury, properly eliminated on its own motion certain factual issues framed by a pretrial order.

The complaint filed in the lower court is one by a real estate salesman against his broker for a share of certain commissions. Part of the relief sought in the complaint is a rescission of an agreement to accept substantially less than the salesman...

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