McDonald v. Stonebraker

PETERSON, Justice.

Plaintiff, W. J. McDonald, a real estate broker, sued defendants, Leo and Marjorie Stonebraker, to recover his commission of $12,500 pursuant to an exclusive listing agreement for the sale of defendants’ farm. Defendants, appealing from the judgment for plaintiff and from the order denying their post-trial motion for a new trial, contend that the trial court erred in three respects:(1) That the court’s conclusions of law do not follow from its findings of fact because, although the listing agreement conditioned plaintiff’s broker’s commission upon a sale of the property, the…