Campbell v. Mahany

OPINION

HATHAWAY, Chief Judge.

This case involves the sale of the Hidden Valley Tavern and was the subject of our memorandum decision filed September 21, 1977, 2 CA-CIV 2418. There, we reversed and remanded for a new trial.

Prior to the second trial, the principals to the sale settled the pending litigation as to their respective interests, and the case proceeded solely on the issue of whether or not a real estate commission was due and owing to Mahany Realty & Trust Company by the Campbells and other parties, and if so, the amount thereof. The cause was tried to the court, sitting without a…