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WEINER v. HAZER

No. 86-669.

430 N.W.2d 269 (1988)

230 Neb. 53

Louis WEINER, Appellant, v. Theodore HAZER et al., Appellees.

Supreme Court of Nebraska.

October 7, 1988.

Attorney(s) appearing for the Case

Walter M. Calinger, Omaha, for appellant.

S.J. Albracht, Omaha, for appellees.

BOSLAUGH, WHITE, and SHANAHAN, JJ., and HOWARD, District Judge, and COLWELL, District Judge, Retired.

SHANAHAN, Justice.

Cheri Weiner, personal representative of the estate of Louis Weiner, deceased, appeals from the order of the district court for Douglas County, sustaining a demurrer and dismissing Weiner's petition with prejudice. The court found that Weiner's claim for a real estate commission was unenforceable as the result of failure to satisfy Neb.Rev.Stat. § 36-107 (Reissue 1984):

Every contract for the sale of lands between the owner thereof...

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