Johnson Realty v. Bender

Opinion by

Judge VOGT.

In this action seeking indemnification for defense costs in a prior case, defendants, Marjorie E. Bender and Randall C. Bender, appeal the trial court judgment in favor of plaintiffs, Johnson Realty and Vern Johnson (collectively, Johnson). We affirm in part, reverse in part, and remand.

The Benders entered into a series of listing agreements with Johnson for the sale of their ranch. After the last agreement expired in September 1998, Johnson, with the Benders' permission, showed the ranch to the eventual buyers and negotiated the sale of the ranch to them.

The buyers later…