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GREEN v. GRANT

No. 79CA0195.

635 P.2d 236 (1981)

Jay GREEN, doing business as Big Country Realty, Plaintiff-Appellee, v. Thomas M. GRANT, Dorothy L. Grant, Richard H. Grant, Jr., and Winifred G. Grant, Defendants-Appellants. and In the Matter of the ESTATE OF Johnnie C. GREEN, Deceased. The ESTATE OF Johnnie C. GREEN, Appellee, v. Thomas M. GRANT, Dorothy L. Grant, Richard H. Grant, Jr., and Winifred G. Grant, Claimants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 30, 1981.

Attorney(s) appearing for the Case

Sharp & Black, P. C., Thomas R. Sharp, Steamboat Springs, for plaintiff-appellee.

James C. Vaughters, Denver, for defendants-appellants and claimants-appellants.

BERMAN, Judge.

In this action arising from a real estate brokerage contract which provided for commission payments by installments, the broker, Jay Green (now deceased), sued for one of those installments and the sellers, the Grants, counterclaimed for restitution and damages asserting, inter alia, breach of fiduciary duty on the broker's part. Sellers appeal the trial court judgment granting broker's prayer for relief and denying sellers' counterclaim. We...

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