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ROSE v. SHOWALTER

No. 15181.

701 P.2d 251 (1985)

108 Idaho 631

C. Lee ROSE, dba C. Lee Rose Real Estate; Norma Rose; and C. Lee Rose Enterprises, an Idaho corporation, Plaintiffs-Respondents, v. Harry B. SHOWALTER and Anita F. Showalter, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

Rehearing Denied June 26, 1985.

Attorney(s) appearing for the Case

Jon N. Wyman, Wyman & Wyman, Boise, for defendants-appellants.

Dennis L. Cain, Beer & Cain, Boise, for plaintiffs-respondents.

WALTERS, Chief Judge.

C. Lee Rose, a real estate broker, filed this action to recover a commission following the sale of real property owned by the appellants, Showalters. Judgment was entered on behalf of the broker, Rose, but because we hold Rose breached his fiduciary duty to the Showalters and thus forfeited his right to a commission, we reverse the judgment.

Harry and Anita Showalter owned but wanted to sell the United Campground located in Boise. The...

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