Bass Investment Co. v. Banner Realty, Inc.

McFARLAND, Chief Justice:

This case is before us on a petition for review of a decision of the Court of Appeals in case number CA-1-CIV 352, 5 Ariz.App. 478, 428 P.2d 142, reversing a judgment of the Superior Court in favor of plaintiff-appellee. The decision of the Court of Appeals is vacated.

Plaintiff-appellee Banner Realty, Inc., hereinafter called Banner, sued defendant-appellant Bass Investment Co., Inc., hereinafter called Bass, to collect a real-estate commission. The trial judge, sitting without a jury, found for plaintiff and entered judgment in its favor.

O. D. Messinger, an employee…