SCHROEDER v. ROSE

No. 15410.

701 P.2d 327 (1985)

108 Idaho 707

Robert SCHROEDER, dba Rosedale Realty, Plaintiff-Respondent, v. Robert I. ROSE and Elaine C. Rose, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

June 4, 1985.


Attorney(s) appearing for the Case

John K. Gatchel, Payette, for defendants-appellants.

Bruce H. Birch, Payette, for plaintiff-respondent.


PER CURIAM.

The question presented is whether a realtor breached a fiduciary obligation to the seller of real property, thereby forfeiting his right to collect a sales commission. The issue was raised by the seller in defense of a suit filed by the realtor to collect the commission. Following a bench trial, the district court entered judgment in favor of the realtor. We vacate the judgment and remand the case.

The seller, Robert Rose (and his spouse), entered...

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