MARCOTTE REALTY & AUCTION, INC. v. SCHUMACHER

No. 49,040

225 Kan. 193 (1979)

589 P.2d 570

MARCOTTE REALTY & AUCTION, INC., Appellant, v. MELVIN SCHUMACHER, AND SCHUMACHER BROTHERS, INC., Appellee.

Supreme Court of Kansas.

Opinion filed January 20, 1979.


Attorney(s) appearing for the Case

Bruce W. Kent, of Ryan, Kent & Wichman, Chartered, of Hays, argued the cause, and Ross J. Wichman, of the same firm, was on the briefs for the appellant.

John T. Bird, of Hays, argued the cause, and Robert F. Glassman, of Hays, was on the brief for the appellees.

John Anderson, Jr., of Anderson, Granger, Nagels and Lastelic, Chartered, of Overland Park, was on the brief for the amicus curiae Joseph K. Berglund.

Robert E. Keeshan, of Scott, Quinlan & Hecht, of Topeka, was on the briefs for the amicus curiae, Metcalf View, Inc.


The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an action by a real estate broker for a commission for selling property in Ellis County, Kansas, under an alleged oral real estate agency contract. The trial court granted summary judgment to the defendant landowners. On appeal the question presented concerns the force and effect of K.A.R. 86-3-8(a) which requires all real estate listing agreements to be in writing.

In March of 1976...

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