POTTRATZ v. FIRKINS

No. 50,717

4 Kan. App. 2d 469 (1980)

609 P.2d 185

MARVIN M. POTTRATZ, Appellant, v. STEPHEN W. FIRKINS and KAMMERON K. FIRKINS, Appellees.

Court of Appeals of Kansas.

Opinion filed March 21, 1980.


Attorney(s) appearing for the Case

F. Lawrence McAulay, Jr., of Lenexa, for the appellant.

Robert E. Fabian, of McAnany, Van Cleave & Phillips, P.A., of Prairie Village, for the appellees.

Before FOTH, C.J., ABBOTT and MEYER, JJ.


FOTH, C.J.:

Plaintiff, a real estate broker, brought this action for a commission claimed to have been earned under an agreement with the defendant landowners denominated a "Joint Exclusive Right to Sell." Defendants filed a "Motion for Dismissal of Plaintiff's Petition" which was sustained by the trial court. Plaintiff appeals.

Our first problem is to discern the nature of the trial court's order. In form it merely sustained defendant's motion and dismissed...

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