Mullenger v. Clause

MASON, Justice.

This is a law action tried to the court in which William L. Mullenger, a licensed real estate broker, seeks to recover from Charles W. and Loma J. Clause, nonresident defendants, a commission for the sale of their real estate in Crawford County.

Defendants appeal from an adverse judgment.

Plaintiff alleged in one division of his petition an oral listing contract between the parties, performance on his part and defendants’ refusal to perform. The other division is based on the theory of quantum meruit. In each division plaintiff asserts defendants are nonresidents and in each…