Carney v. McGinnis

CARMODY, Justice.

The defendants below seek a reversal of the judgment entered against them in the trial court, based upon plaintiffs’ claimed real estate commission.

This is the second time this case has been before us. The first appeal resulted in the reversal of a judgment rendered in favor of the defendants at the close of the plaintiffs’ case. See Carney v. McGinnis, 1958, 63 N.M. 439, 321 P.2d 626. At the second trial, the court, without a jury, granted plaintiffs, the real estate brokers, judgment for $3,300.

The basic facts are not in controversy. Plaintiffs had been attempting to sell…