BRADY v. HOEPPNER

No. 75-472.

558 P.2d 1009 (1977)

Lawrence M. BRADY, Plaintiff-Appellant, v. Jack C. HOEPPNER, Defendant, v. MELROSE REALTY AND INVESTMENT COMPANY, a Colorado Corporation, Third-Party Plaintiff-Appellee.

Colorado Court of Appeals, Div. II.

January 6, 1977.


Attorney(s) appearing for the Case

Perkins, Goodbee, Mason & Davis, Robert J. Mason, Colorado Springs, for plaintiff-appellant.

Haney, Howbert & Akers, Roger D. Hunt, Colorado Springs, for third-party plaintiff-appellee.


SILVERSTEIN, Chief Judge.

Plaintiff, Brady, appeals from a judgment in favor of Melrose Realty and Investment Company (Melrose) for "the reasonable value of its services" as a real estate sales agent of Brady. We reverse.

The facts pertinent to this appeal are: Brady was in possession of, and operating, a bowling establishment under a contract of purchase. The contract provided that "the rights of [Brady] are personal and this agreement is not assignable unless...

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