Ihlenfeldt v. Svoboda Church Furniture Co.

There are two questions presented on this appeal:

1. Is the finding of the trial court that the listing contract provided for a sale of defendant-respondent’s corporate stock, as distinguished from its net assets alone, against the great weight and clear preponderance of the evidence ?

2. Did the offer to purchase the net assets supersede the listing contract and entitle the broker to a commission ?

By way of preliminary comment the parties do not dispute the legality of the listing contract.

Further, neither party pursues any serious argument concerning the authority of the Kohrts to act on…