E.A. STROUT WESTERN REALTY v. W.C. FOY & SONS

No. 17784.

665 P.2d 1320 (1983)

E.A. STROUT WESTERN REALTY AGENCY, INC., Roosevelt Agency, Plaintiff and Appellant, v. W.C. FOY & SONS, INC., a Utah corporation; W.C. Foy & Sons, a partnership; William W. Foy, Leo B. Foy and John H. Foy, partners, dba W.C. Foy & Sons, Inc., Defendants and Respondents.

Supreme Court of Utah.

June 16, 1983.


Attorney(s) appearing for the Case

George E. Mangan, Roosevelt, for plaintiff and appellant.

Anthony B. Quinn, Merlin O. Baker, Salt Lake City, for defendants and respondents.


HALL, Chief Justice:

Plaintiff brought this action to recover a real estate commission alleged due by reason of the sale of certain ranch property under a listing agreement. The jury returned a special verdict, finding that plaintiff was not entitled to a commission, not having procured the purchaser under the terms of the agreement. Judgment was entered accordingly and plaintiff appeals, seeking reversal and entry of judgment in its favor as a matter of law, or in...

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