Kelley v. Dunn

McKAY, Justice.

This is a suit for a real estate broker’s commission on a sale of a 65 acre farm.

Ronald Dunn and Wayne Dunn, d/b/a Dunn and Associates (Dunn), brought suit against William H. Kelley (Kelley) and Howard W. Anderson (Anderson) for the sum of $5,500 for real estate agent’s commission. In a trial before the court judgment was rendered in favor of Dunn against Kelley for $5,500 plus $1,750 attorney’s fee in the trial court or $2,500 if appealed. The court ruled that Dunn take nothing as to Anderson. Kelley has appealed.

The trial court filed findings of fact as follows: (1) Dunn…