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Dworak v. Michals

320 N.W.2d 485 (Neb. 1982)

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Dworak v. Michals

Supreme Court of Nebraska

320 N.W.2d 485 (Neb. 1982)

Facts

F.R. Michals, Sr. and Nebraska Real Estate Corporation (Michals) (defendants) entered into a contract to list an apartment complex owned by Michals for sale. It provided that a commission would be paid to a broker who was able to present a ready, willing, and able buyer for the complex. Douglas Dworak (plaintiff), a real estate broker, brought forward a pair of business partners who wished to purchase the apartment complex. The business partners entered into a contract with Michals, accompanied by a $500 deposit. Prior to closing, the business partners discovered that the rent at the apartment complex was scheduled to increase sharply, causing many residents to threaten to vacate. The business partners expressed their concerns to Michals, who allowed them to rescind their sales contract. Mr. Dworak demanded his commission, and brought suit after his demand was denied. The district court determined that Mr. Dworak was not entitled to a commission, but was entitled to half of the deposit paid. Mr. Dworak then appealed to the Supreme Court of Nebraska.

Rule of Law

Issue

Holding and Reasoning (Buckley, J.)

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