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COLDWELL BANKER v. JOHNSON

No. S-94-272.

544 N.W.2d 360 (1996)

249 Neb. 523

COLDWELL BANKER TOWN & COUNTRY REALTY OF HASTINGS, INC., Appellant, v. B. Charles JOHNSON and Betty J. Johnson, husband and wife, Appellees.

Supreme Court of Nebraska.

March 8, 1996.

Attorney(s) appearing for the Case

Gene C. Foote, II, Hastings, for appellant.

David B. Downing, of Downing, Alexander & Wood, Superior, for appellees.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

CAPORALE, Justice.

In this breach of contract action the plaintiff-appellant, Coldwell Banker Town & Country Realty of Hastings, Inc., seeks damages resulting from the failure of the defendants-appellees, B. Charles Johnson and Betty J. Johnson, husband and wife, to pay a commission allegedly owed under an agreement entered into by and between the parties. Following a bench trial, the district court dismissed Coldwell Banker's petition. Coldwell Banker then appealed...

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