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MARATHON REALTY CORP. v. GAVIN

No. 85-405.

398 N.W.2d 689 (1987)

224 Neb. 458

MARATHON REALTY CORPORATION, a Nebraska Corporation, Appellee, v. Alvin E. GAVIN, Appellant.

Supreme Court of Nebraska.

January 2, 1987.

Attorney(s) appearing for the Case

Joseph L. Leahy, Jr., of Epstein & Leahy, Omaha, for appellee.

John E. Rice, Bellevue, for appellant.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

CAPORALE, Justice.

Following a bench trial, plaintiff-appellee, Marathon Realty Corporation, a Nebraska corporation, recovered a $21,000 judgment against defendant-appellant, Alvin E. Gavin, for a commission arising from the sale of certain realty. Gavin assigns as errors the trial court's findings that (1) Marathon was the efficient procuring cause of the sale, (2) the agreement between Marathon and Gavin had not expired prior to the sale, and (3) Gavin, although...

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