MAYNES REAL ESTATE, INC. v. McPHERRON

No. 83-578.

353 N.W.2d 425 (1984)

MAYNES REAL ESTATE, INC. and Lowell Oxley, Appellants, v. J.F. McPHERRON, William C. Miller and Marilyn Miller, Appellees.

Supreme Court of Iowa.

As Corrected September 18, 1984.


Attorney(s) appearing for the Case

Ronald D. Bonnett of Wilson, Bonnett & Christensen, P.C., Lenox, for appellants.

Philip C. Armknecht of Reese & Armknecht, P.C., Red Oak, and Mark D. Swanson of Swanson, Boeye & Bloom, Red Oak, for appellees.

Considered en banc.


LARSON, Justice.

These plaintiffs sued to collect a real estate commission allegedly due under an oral listing agreement for the sale of farmland owned by the defendants Miller. The district court denied recovery under a claim of quantum meruit based on its finding that the plaintiff's efforts did nothing to promote the sale. On appeal, the case was transferred to the court of appeals, which affirmed, but on a different...

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