Daubman v. CBS Real Estate Co.
Supreme Court of Nebraska
580 N.W.2d 552 (1998)
Allen Daubman and Renee Daubman (plaintiffs) signed a listing agreement with Arlene Engelbert and CBS Real Estate Company (CBS) (defendants), granting an exclusive right to sell their home to Thomas Pedersen and Brenda Pedersen for $139,950 plus a 7 percent cash commission. After a bank rejected the Pedersens’ loan application, Engelbert helped the Pedersens obtain financing from another bank and took other steps without the Daubmans’ knowledge or consent in order to effect the sale, which occurred on July 31, 1992. The Daubmans brought an action for assumpsit against Engelbert and CBS, claiming that the defendants had put their own interests first in trying to close the deal and thus were not entitled to their $9,793 commission. The trial court agreed and ordered the return of the commission, plus interest and costs. Engelbert and CBS appealed, claiming that they had earned the commission because they had not breached any fiduciary duty. The court of appeals ruled that the evidence did not support the trial court’s judgment, and remanded the case with orders to dismiss. The Supreme Court of Nebraska granted the defendants’ petition to review.
Rule of Law
Holding and Reasoning (Caporale, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.