Mel Trimble Real Estate v. Fitzgerald

HARDING, District Judge:

This appeal is from an adverse judgment on a claim for a real estate sales commission.

Appellants were in the business of selling real estate. Mel Trimble was a licensed real estate broker, and Cal Florence was employed by Trimble as a sales agent. The appellants will be referred to herein jointly as Florence.

The ranch property involved in this action is located in Cedar Valley, Utah, and was under the management and control of Wallace Ohran. Respondent Leland A. Fitzgerald was a rancher.

Two or three years prior to December, 1977, Florence allegedly obtained an oral…