COLDWELL BANKER & COMPANY REAL EST. BROKERS v. POTTHOFF

No. 1 CA-CIV 1181.

12 Ariz. App. 525 (1970)

472 P.2d 948

COLDWELL BANKER & COMPANY REAL ESTATE BROKERS, an Arizona corporation, Appellant, v. Herbert B. POTTHOFF and Daniel T. Meredith, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied September 25, 1970.

Review Granted November 10, 1970.


Attorney(s) appearing for the Case

N. Pike Johnson, Jr., and Powers, Boutell & Fannin, by Paul R. Fannin, Phoenix, for appellant.

Kenneth S. Scoville, Phoenix, for appellees.


HAIRE, Judge.

The sole issue presented by this appeal is whether the statute of frauds defense is available to the defendant-lessors in a suit brought by a broker to recover a commission alleged to be due as a result of the broker's efforts in obtaining a lessee for the lessors' real property. The trial court granted the lessors' motion for summary judgment and held that the broker's claim was barred by the statute of frauds. This appeal by the broker followed.

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