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MOORE & CO. v. TRIANGLE CONST. & DEVELOPMENT

No. 80CA0088.

619 P.2d 80 (1980)

MOORE AND COMPANY, Plaintiff-Appellee, v. TRIANGLE CONSTRUCTION AND DEVELOPMENT COMPANY, INC., Cliff M. Hulbert and Raymond W. Hulbert, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 14, 1980.

Certiorari Denied November 3, 1980.

Attorney(s) appearing for the Case

Fischer & Wilmarth, Steven G. Francis, Fort Collins, for plaintiff-appellee.

Chilson Law Offices, P. C., Laurence A. Stanton, Loveland, for defendants-appellants.

VAN CISE, Judge.

Defendants appeal a judgment dismissing their counterclaim for exemplary damages. We dismiss the appeal.

Plaintiff, a real estate broker, sued for a commission for sale of improved real estate owned by defendants. Defendants pled affirmative defenses of: (a) failure of plaintiff to have licensed broker at its branch office where the sale was closed, (b) breach of fiduciary duty for non-disclosure that plaintiff's salesman was one of the buyers...

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