Yoakum v. Tarver

FOX, J. *

This is an action to recover a real estate commission. Judgment was rendered in favor of defendant Tarver. Plaintiff has appealed.

In 1962 and for sometime prior thereto, defendant Manito, Inc. was the owner of certain improved real property known as the Monticello Motel. Although the corporation had not issued stock, defendants Niekum 1 and Tarver were the principal, if not the only, investors therein, the officers of the corporation, and conducted its business.

A dispute arose between Tarver and Niekum, and in September 1962, Niekum filed an action against Tarver in the superior…