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HOYT R. MATISE CO. v. ZURN

No. 84-1106.

754 F.2d 560 (1985)

HOYT R. MATISE COMPANY, Plaintiff-Appellant, v. Stanley ZURN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 1, 1985.

Attorney(s) appearing for the Case

Michael Braden, Dallas, Tex., for plaintiff-appellant.

Black & Roberts, George C. Black, Jr., Randy Roberts, Dallas, Tex., for defendant-appellee.

Before GEE, POLITZ, and HIGGINBOTHAM, Circuit Judges.

GEE, Circuit Judge:

Hoyt R. Matise Co. (Matise), a licensed real estate broker, sued Stanley Zurn to recover a real estate commission. Matise based its claim on alternate theories: (1) that it had procured a purchaser who had entered into an enforceable contract of sale for Mr. Zurn's property, or (2) that it had procured a purchaser who was ready, willing, and able to purchase the property on Mr. Zurn's terms. After a bench trial, the district court entered judgment...

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