Hearrold v. Gries

STRUCKMEYER, Vice Chief Justice.

Appellees, Spencer Gries and Realty Executives, brought this action against Cecil Hearrold for a commission on the sale of a cocktail lounge. On cross-motion for summary judgment, the trial court granted appellees’ motion, entering judgment in the amount of $3,600 and costs. This appeal followed. Jurisdiction is pursuant to Rule 47(e), 17A A.R.S., Rules of the Supreme Court. Judgment of the trial court reversed with directions.

Appellant Hearrold was the owner of Victor’s Cocktail Lounge located in Phoenix, Arizona. He entered into an exclusive written sales…