Frandsen v. Gerstner

CALLISTER, Chief Justice:

Plaintiff was awarded a decree of specific performance in accordance with an earnest money receipt and offer to purchase which he had executed as a written offer to Gene and Zelda Gerstncr, the owners of the Mill-creek Inn,' a restaurant. Defendants pleaded a counterclaim and a third-party claim against Mt. Olympus Realty Company, which in turn pleaded a counterclaim against the Gerstners for a real estate commission. At the conclusion of the trial, before a jury, the trial court granted plaintiff’s motion for a directed verdict in his favor and against defendants and…