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MASLIN v. RUCKER

No. 2 CA-CIV 446.

7 Ariz. App. 257 (1968)

438 P.2d 326

Jack MASLIN, Marvin Maslin and Harvey Maslin, Appellants, v. E.F. RUCKER, Legal Executor of the Estate of L.F. Ellison, aka Lawrence F. Ellison, and Mae E. Ellison, the wife of L.F. Ellison, as a party defendant, the heirs of above, if deceased, Appellees.

Court of Appeals of Arizona.

Rehearing Denied April 3, 1968.

Review Denied May 14, 1968.

Attorney(s) appearing for the Case

Soble & Meehan, by Joseph H. Soble, Tucson, for appellants.

Lesher, Scruggs, Rucker, Kimble & Lindamood, by William S. Lindamood, Tucson, for appellees.

HATHAWAY, Chief Judge.

The Maslins filed a complaint to recover the balance of an assigned real estate commission allegedly due them from the sellers, L.F. Ellison, deceased, and his wife, in the sum of $8,430. The cause was tried to the court, sitting without a jury, and the judgment was entered against them. This appeal is from that judgment.

Appellants contend that the trial court erred in holding as a matter of law that the real estate commission was payable...

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