Federated Petroleum Services, Inc. v. Daniels

This is an appeal by plaintiffs after a bench trial from a judgment entered in favor of defendants and against plaintiffs.

Plaintiffs’ major contention is that the trial court erred in denying to them a commission of $31,542.86 arising out of the sale of defendants’ business. Federated maintains that it had an exclusive agency or exclusive listing; that this arrangement permits an owner to sell his business but requires the owner to pay the agreed upon commission if the broker was the procuring cause of the sale.

Defendants owned the Daniels Oil Company which had a bulk plant and general…