OLSON v. NEALE

No. 1 CA-CIV 3193.

116 Ariz. 522 (1977)

570 P.2d 209

Gilbert E. OLSON and Hedwig Olson, his wife, Appellants, v. William G. NEALE and Martha H. Neale, husband and wife, dba Neale & Associates, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied September 28, 1977.

Review Denied October 18, 1977.


Attorney(s) appearing for the Case

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Phillip Weeks, Phoenix, for appellants.

Bellamak & Mitchell by Ferris W. Bellamak, Scottsdale, for appellees.


OPINION

EUBANK, Judge.

This is an action for broker's commission arising from the sale of real property. The principal question raised by the parties on appeal is whether an extant broker's listing agreement is a condition precedent to recovery of a sales commission. We hold that a valid agreement must be in force.

The facts of this case are as follows: On March 6, 1965, Gilbert and Hedwig Olson, gave to William G. Neale and Martha H. Neale, d/b/a...

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