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MOORE AND CO. v. T-A-L-L, INC.

No. 88SC626.

792 P.2d 794 (1990)

MOORE AND COMPANY, a Colorado corporation, and H.L. Richison, Petitioners, v. T-A-L-L, INC., a Colorado corporation, Respondent.

Supreme Court of Colorado, En Banc.

May 29, 1990.

Attorney(s) appearing for the Case

Rothgerber, Appel, Powers, & Johnson, Richard K. Clark, Elizabeth T. Wald, Denver, for petitioner Moore and Co.

Hall & Evans, Eugene O. Daniels, Denver, for petitioner H.L. Richison.

Aisenberg & Kaplan, P.C., Bennett S. Aisenberg, Edward A. Brown, Holme, Roberts & Owen, Daniel S. Hoffman, Denver, for respondent T-A-L-L, Inc.

Chief Justice QUINN delivered the Opinion of the Court.

We granted certiorari to review the decision of the court of appeals in T-A-L-L, Inc. v. Moore and Co., 765 P.2d 1039 (Colo. App.1988), which held that a real estate brokerage company which has entered into an exclusive listing agreement with the seller and breaches its fiduciary duty to the seller forfeits the total amount of the commission paid by the seller, even though...

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