PARKER v. TUTTLE

No. 59171.

260 N.W.2d 843 (1977)

Darlene PARKER, d/b/a Town & Country Real Estate, Appellee, v. Wendell TUTTLE and Leota Tuttle, Appellants.

Supreme Court of Iowa.

December 21, 1977.


Attorney(s) appearing for the Case

Reynoldson, Van Werden, Kimes & Reynoldson, Osceola, for appellants.

Morr & Shelton, P. C., and Michael J. Streit, Chariton, for appellee.

Considered en banc.


REES, Justice.

This is an appeal by defendant real estate owners from a judgment in favor of the plaintiff real estate broker entered upon a jury verdict adverse to defendants for the amount of a sale commission under the ready, willing and able buyer rule even though defendants' farm was not sold. Following the overruling of defendants' post-verdict motion for a new trial, they instituted this appeal. We reverse and remand for a new trial.

The defendants...

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