ZELLMER REAL ESTATE, INC. v. BROOKS

No. KCD 28964.

559 S.W.2d 594 (1977)

ZELLMER REAL ESTATE, INC., Respondent, v. C. Wilson BROOKS and Martha H. Brooks, Appellants.

Missouri Court of Appeals, Kansas City District.

December 5, 1977.


Attorney(s) appearing for the Case

Edward J. Murphy, Butler, for appellants.

Warren S. Earhart, Grandview, for respondent; Gersh, Holt, Earhart, Jones & Dibler, Grandview, of counsel.

Before PRITCHARD, P. J., SWOFFORD, C. J., and DIXON, J.


PRITCHARD, Presiding Judge.

Respondent obtained judgment, $29,250, upon the verdict of a jury, against appellants for a real estate commission upon an oral listing for sale of 1170 acres of land based upon its pleaded claim that it found ready, willing and able purchasers (W. A. and Clissie May Warner) in cash or on whatever terms were desired by appellants.

The dispositive issue is whether the "terms of the sale" should have been hypothesized in respondent...

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