ALAN F. FOX RLTY. & INV. CO. v. KAER TRUCK & EQ., INC.

No. 73-310.

532 P.2d 767 (1974)

ALAN F. FOX REALTY & INVESTMENT COMPANY, a Colorado Corporation, Plaintiff-Appellant, v. KAER TRUCK & EQUIPMENT, INC., a Colorado Corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 21, 1975.

Certiorari Denied March 24, 1975.


Attorney(s) appearing for the Case

Alter, Zall & Haligman, Ronald I. Zall, Denver, for plaintiff-appellant.

Michael M. Laden, Denver, for defendant-appellee.


Not Selected for Official Publication.

SMITH, Judge.

This was an action to recover a real estate commission. Although several claims for relief were asserted, the only one on which an appeal has been taken is plaintiff's eighth claim for relief on which the jury returned a verdict in favor of defendant. The major issue upon review is whether the trial court erred in instructing the jury that plaintiff had the burden to prove its claim by clear and convincing...

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