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VALLEY, INC. v. WARD PARKWAY BLDG. CO.

No. 49,502

3 Kan. App. 2d 131 (1979)

590 P.2d 1100

VALLEY, INC., Appellant, v. WARD PARKWAY BUILDING COMPANY, INC., et al., Appellees.

Court of Appeals of Kansas.

Opinion filed February 23, 1979.

Attorney(s) appearing for the Case

J. Roger Hendrix of Marshall, Hawks, McKinney & Hendrix, of Topeka, for the appellant.

Arthur E. Palmer and Charles R. Hay of Goodell, Cogswell, Stratton, Edmonds, Palmer & Wright, of Topeka, for the appellee Ward Parkway Building Company, Inc.

Before MEYER, P.J., ABBOTT and SPENCER, JJ.

SPENCER, J.:

Plaintiff, a real estate brokerage firm, brought suit to recover a realtor's commission from the sale of real estate owned by defendant Ward Parkway Building Company, Inc. At the close of plaintiff's evidence, the court directed a verdict in favor of Ward Parkway.

The trial court found Karr v. Moffett, 105 Kan. 692, 185 Pac. 890 (1919), to be a "bay horse" case and plaintiff argues to the contrary. In Karr, which although decided...

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