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JONES-HEALY RLTY. v. COLO. CITY DEVELOPMENT

No. 76-157.

568 P.2d 88 (1977)

JONES-HEALY REALTY, INC., a Colorado Corporation, Plaintiff-Appellant and Cross-Appellee, v. COLORADO CITY DEVELOPMENT COMPANY, a Colorado Corporation, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. III.

As Modified On Denial of Rehearing June 16, 1977.

Rehearing Denied June 30, 1977.

Certiorari Granted September 6, 1977.

Attorney(s) appearing for the Case

Meer, Wolf & Slatkin, P. C., Albert B. Wolf, Walter Slatkin, Irvin M. Kent, Denver, for plaintiff-appellant and cross-appellee.

Ireland, Stapleton, Pryor & Holmes, P. C., Kenneth L. Starr, William C. Gorham, Denver, for defendant-appellee and cross-appellant.

STERNBERG, Judge.

The plaintiff, Jones-Healy Realty, Inc., sued to recover a brokerage commission of $242,184.80 from defendant, Colorado City Development Company, (Owner) alleging complete performance of its obligations contained in an oral, open and non-exclusive real estate listing agreement. The Owner contended that the broker did not satisfy certain conditions of the listing. The trial court held that, as a matter of law, the broker was not entitled to a commission...

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