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DaLEE REALTY, INC. v. KUHL

No. 43254.

305 N.W.2d 891 (1981)

209 Neb. 6

DaLEE REALTY, INC., a corporation, Appellant and Cross-Appellee, v. Donald KUHL and Vayle Kuhl, husband and wife, Appellees and Cross-Appellants.

Supreme Court of Nebraska.

May 22, 1981.

Attorney(s) appearing for the Case

Warren L. Reimer, of Ptak, Ptak & Reimer, Norfolk, for appellant and cross-appellee.

Olds, Swarts & Ensz, Wayne, for appellees and cross-appellants.

Heard before KRIVOSHA, C. J., WHITE and HASTINGS, JJ., and HENDRIX and KNAPP, District Judges.

HENDRIX, District Judge.

This is an action by the plaintiff, DaLee Realty, Inc., a real estate broker, to recover commission upon a listing contract between plaintiff and defendants, Donald Kuhl and Vayle Kuhl, the owners of land, buildings, fixtures, bees, and equipment which were for sale. A jury was waived, and the case tried to the court on stipulated facts. The district judge found against the plaintiff for commission, but for the plaintiff for expenses in the...

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