Rose v. Showalter

WALTERS, Chief Judge.

C. Lee Rose, a real estate broker, filed this action to recover a commission following the sale of real property owned by the appellants, Showalters. Judgment was entered on behalf of the broker, Rose, but because we hold Rose breached his fiduciary duty to the Showalters and thus for- . feited his right to a commission, we reverse the judgment.

Harry and Anita Showalter owned but wanted to sell the United Campground located in Boise. The Showalters contacted Rose in the summer of 1980 to list the property with his agency. The parties entered into three successive listing…