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BROADWAY REALTY & TRUST, INC. v. GOULD

No. 2 CA-CIV 4500.

136 Ariz. 236 (1983)

665 P.2d 580

BROADWAY REALTY & TRUST, INC., an Arizona corporation, Plaintiff/Appellant/Cross Appellee, v. Theodore B. GOULD, as General Partner of the Great Western Bank Building Limited Partnership, Defendant/Appellee/Cross Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 2, 1983.

Review Denied June 14, 1983.

Attorney(s) appearing for the Case

Chandler, Tullar, Udall & Redhair by Thomas Chandler, Tucson, for plaintiff/appellant/cross appellee.

Schorr, Leonard & Felker, P.C. by Franklin O. Eldridge, Tucson, for defendant/appellee/cross appellant.

OPINION

HOWARD, Chief Judge.

A real estate broker and the owner of a commercial building entered into a written contract which stated, inter alia:

"In the event the property is sold by owner, owner agrees to pay commissions to manager pursuant to and in accordance with the local Real Estate Board Commission Schedule (or, if none, the going rate in the area of the property for commissions for comparable...

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