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KLEEB v. BURNS

No. 2 CA-CIV 233.

5 Ariz. App. 566 (1967)

429 P.2d 453

Jeanette M. KLEEB, a widow, Appellant, v. Robert W. BURNS, and Robert Hilgenberg, dba Hilgenberg Realty Company, Appellees.

Court of Appeals of Arizona.

June 20, 1967.

Attorney(s) appearing for the Case

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

Johnson, Darrow, D'Antonio, Hayes & Morales, by John G. Stompoly, Tucson, for appellee Burns.

Spaid, Fish, Briney & Duffield, by Richard Briney, Tucson, for appellee Hilgenberg.

HATHAWAY, Chief Judge.

Jeanette M. Kleeb, defendant below, has appealed from a judgment against her, awarding the full real estate broker's commission to Robert Hilgenberg dba Hilgenberg Realty Company, and ordering her to return the $1,000 earnest money to the plaintiff, Robert W. Burns. The matter was tried to the court. The trial court found that the commission had been earned in a real estate transaction which was not carried out.

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