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CENTURY 21-JOSLYN REALTY & DEV. v. BAKER

No. 88CA0206.

784 P.2d 834 (1989)

CENTURY 21 — JOSLYN REALTY & DEVELOPMENT, INC., Plaintiff/Cross-Claimant-Appellee, and Fred D. Hesse, Plaintiff/Cross-Claimant-Appellant, v. Edwin W. BAKER, Jr.; George A. McDonald; William B. Shepard; Joseph Vecchio; Merle E. Nauman; Donald J. Egan; Oxford Associates; and Spinnaker Partners, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied August 31, 1989.

Certiorari Denied December 18, 1989.

Attorney(s) appearing for the Case

Lynch & Puckett, Daniel F. Lynch, Denver, for plaintiff/cross-claimant-appellee Century 21—Joslyn Realty & Development, Inc.

Butler, Landrum & Pierce, P.C., Robert G. Pierce, Lakewood, for plaintiff/cross-claimant-appellant Fred D. Hesse.

Waldbaum, Corn, Koff and Berger, P.C., Michael H. Berger and Kenneth L. Baker, Denver, for defendants-appellees Edwin W. Baker, Jr., George A. McDonald, William B. Shepard, Merle E. Nauman, Donald J. Egan, Oxford Associates and Spinnaker Partners.

No appearance for defendant-appellee Joseph Vecchio.

Opinion by Judge REED.

Fred D. Hesse appeals the judgment of the trial court which dismissed a portion of his cross-claim against Century 21—Joslyn Realty & Development, Inc. (Joslyn). This dismissal was entered at the close of Hesse's case after trial to the court. We affirm.

During the events in controversy, Hesse was a real estate salesperson employed by Joslyn. Under his contract, he was entitled to 70% of the net real estate commission payable...

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