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TRIMBLE REAL ESTATE v. MONTE VISTA RANCH

No. 860135-CA.

758 P.2d 451 (1988)

MEL TRIMBLE REAL ESTATE, Plaintiff and Appellant, v. MONTE VISTA RANCH, INC. and Wallace Ohran, Ray E. Nelson, Howard D. Sherwood, et al., Defendants and Respondents.

Court of Appeals of Utah.

Rehearing Denied August 3, 1988.

Attorney(s) appearing for the Case

David M. Jorgensen, Robert J. DeBry (argued), Robert J. DeBry & Associates, Salt Lake City, for plaintiff and appellant.

Robert L. Jeffs, M. Dayle Jeffs (argued), Jeffs & Jeffs, Provo, for defendants and respondents Monte Vista Ranch, Inc.

Before ORME, GARFF and JACKSON, JJ.

OPINION

ORME, Judge:

In an earlier case, Mel Trimble Real Estate and its agent sued Leland Fitzgerald for a real estate sales commission allegedly owed. Trimble was unsuccessful in that action and the Utah Supreme Court affirmed in Mel Trimble Real Estate v. Fitzgerald, 626 P.2d 453 (Utah 1981). Trimble then brought this action to recover the commission against Monte Vista Ranch, Inc., which contracted to sell the...

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