Ney v. Harrison

CROCKETT, Justice.

This action was brought to recover a commission of 2Yz% claimed due for selling the Snow Apartments in Salt Lake for G. T. and Alda Harrison, the defendants. Plaintiff is the assignee of creditors of Wasatch Homes, Inc., a licensed real estate broker who sold the apartments. Alda failed to answer the complaint and a default judgment was entered against her. The' trial court later relieved her default. Both of the Harrisons then defended on the merits, and judgment went against plaintiff on the theory that the Harrisons had never entered into any written agreement employing…