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HOFER v. POLLY LITTLE REALTORS, INC.

No. 75-108.

543 P.2d 114 (1975)

Don T. HOFER, Plaintiff-Appellant, and Fred Barnabe, Intervenor-Appellant, v. POLLY LITTLE REALTORS, INC., a Colorado Corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

November 6, 1975.

Attorney(s) appearing for the Case

Tague, Goss, Schilken & Beem, P. C., Clifford L. Beem, Littleton, for plaintiff-appellant.

Hobbs & Waldbaum, P. C., Jesse N. Lipschuetz, Denver, for intervenor-appellant.

Criswell, Patterson & Ballantine, John N. McNamara, Jr., Englewood, for defendant-appellee.

COYTE, Judge.

Plaintiff and intervenor, both real estate salesmen, obtained a judgment on their claims against their broker for real estate commissions. They bring this appeal on the sole ground that it was error to deny them an award of reasonable attorney fees as provided for in § 8-4-114, C.R.S.1973. We reverse.

At trial, no evidence of attorney fees was presented, the matter having been reserved. At the close of the trial both plaintiff and intervenor...

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