Ness v. Greater Arizona Realty, Inc.

OPINION

HOWARD, Chief Judge.

This appeal involves several related disputes among the two brokers and one of the principals in a real estate transaction.

Appellee Greater Arizona Realty brought suit on a promissory note from appellant Berth C. Ness which represented part of its brokerage commission on a real estate exchange between Ness and David Hvidsten. Ness counterclaimed for damages of $55,000 which he alleged resulted from the negligence of appellee’s designated broker, Glenn Mangels, in computing the “boot” in the exchange. Later, these facts were set forth in amended pleadings as an…