Parker v. Tuttle

REES, Justice.

This is an appeal by defendant real estate owners from a judgment in favor of the plaintiff real estate broker entered upon a jury verdict adverse to defendants for the amount of a sale commission under the ready, willing and able buyer rule even though defendants’ farm was not sold. Following the overruling of defendants’ post-verdict motion for a new trial, they instituted this appeal. We reverse and remand for a new trial.

The defendants, Wendell and Leota Tut-tle, husband and wife, were at all times material to the controversy, owners as tenants-in-common of a farm premises…