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ALL AMERICAN REALTY, INC. v. SWEET

No. 13135, 13323.

687 P.2d 1356 (1984)

107 Idaho 229

ALL AMERICAN REALTY, INC., an Idaho Corporation, Plaintiff-Appellant, v. Michael B. SWEET, an individual, and Harold L. Ryan, an individual, and Ryan and Sweet, a partnership, Defendants-Third Party Plaintiffs-Respondents.

Supreme Court of Idaho.

Rehearing Denied October 10, 1984.

Attorney(s) appearing for the Case

Jon N. Wyman, Michael Brady and Terry R. McDaniel, of Brady, McDaniel & Matthews, Boise, for plaintiff-appellant.

Jeremiah A. Quane and John Potter Howard, of Quane, Smith, Howard & Hull, Boise, for defendants-third party plaintiffs-respondents.

HUNTLEY, Justice.

By this appeal we consider the duty of an attorney, acting as closing agent pursuant to Farm Home Administration (FmHA) regulations in a real estate transaction, to the real estate broker, for failure of the attorney to pay the broker its commission as required by the escrow instructions.

All American Realty, Inc. was employed by David Smith to find a buyer for his ranch. All American found a purchaser...

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