Nowoj v. Mulalley

This is an action by mechanic’s lien holders to enforce their claims against the property of defendants Walter and Georgia Mulalley, hereafter called buyers. C. D. McCargar, hereafter called broker, was brought in by buyers as a third-party defendant. Plaintiffs’ lien claims were foreclosed and no appeal was taken. Judgment was then entered against broker for the full amount. Broker appeals. Buyers cross-appeal from the trial court’s allowing broker’s retention of $900 commission on sale.

In the spring of 1965, buyers approached broker’s real estate agency and were shown several houses, none…