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MURPHY v. NOLTE & CO., INC.

Record No. 801459.

307 S.E.2d 242 (1983)

Bruce G. MURPHY, et al. v. NOLTE & COMPANY, INC.

Supreme Court of Virginia.

September 9, 1983.

Attorney(s) appearing for the Case

Robert J. Roskovich, Virginia Beach (Kerr & Roskovich, Virginia Beach, on brief), for appellants.

James R. McKenry, Virginia Beach (Rixey, Heilig & McKenry, Virginia Beach, on brief), for appellee.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.

COMPTON, Justice.

In this real estate case, we have a claim by a broker against the sellers for a proportionate share of a sales commission based on an oral listing agreement. The statute of frauds has been raised as a defense. The sellers also attempt to limit the amount of the commission, if any is due.

Appellee Nolte & Company, Inc., the plaintiff below, sued appellants Bruce G. Murphy and Lou Ann Murphy, his wife, for $12,775 arising from the sale...

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