Rogers v. Hendrix

McQUADE, Justice.

This is an action by a real estate broker for commission claimed due on a listing agreement or broker’s employment contract between the broker and prospective sellers of a farm. The complaint alleges the broker “secure[d] a buyer ready, willing and able to purchase said real property [the farm] under the terms and conditions specified by the defendants [sellers, a husband and wife] in said Employment contract [the listing agreement].” The action was tried before a jury which rendered verdict for the prospective sellers, and the district court entered judgment on that verdict.…