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NESS v. GREATER ARIZONA REALTY, INC.

No. 2 CA-CIV 2419.

117 Ariz. 357 (1977)

572 P.2d 1195

Berth C. NESS, Louise P. Ness, Ness Investment Company, Ness Finance Company, Wild Rice Motor Company and Grafton Implement Company, Appellants, v. GREATER ARIZONA REALTY, INC., an Arizona Corporation, Appellee. Charles C. GRUTZMACHER and Desert Realty, Inc., Appellants, v. GREATER ARIZONA REALTY, INC., an Arizona Corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 10, 1977.

Review Denied December 13, 1977.

Attorney(s) appearing for the Case

Johansson & Jordan, Ltd. by Filipe K. Johansson and Gregory R. Jordan, Phoenix, for appellants.

Stompoly & Even, P.C. by William C. Scott, Tucson, for appellee.

OPINION

HOWARD, Chief Judge.

This appeal involves several related disputes among the two brokers and one of the principals in a real estate transaction.

Appellee Greater Arizona Realty brought suit on a promissory note from appellant Berth C. Ness which represented part of its brokerage commission on a real estate exchange between Ness and David Hvidsten. Ness counterclaimed for damages of $55,000 which he alleged resulted from the negligence of appellee...

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