HUSTON CO. v. MOONEY

No. 38778.

207 N.W.2d 525 (1973)

190 Neb. 242

HUSTON CO., Appellant, v. Frank F. MOONEY, Appellee.

Supreme Court of Nebraska.

May 11, 1973.


Attorney(s) appearing for the Case

William G. Blackburn, Cunningham, Blackburn & Von Seggern, Grand Island, for appellant.

William P. Mullen, Byron J. Brogan, Grand Island, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.


CLINTON, Justice.

This is an action by a licensed real estate broker to recover a commission alleged to have been earned for procuring a purchaser of real estate pursuant to the terms of the listing agreement. The case was tried by the court without a jury and on conflicting evidence the trial judge found for the defendant Mooney. The plaintiff appealed. We affirm.

The listing agreement was as follows: "In consideration of your agreement to use your efforts...

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