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Margaret H. Wayne Trust v. Lipsky
Idaho Supreme Court
123 Idaho 253 (1993)
The Margaret H. Wayne Trust (Wayne) (plaintiff) listed a condominium for sale. The property was shown to Allan Lipsky (defendant) by Alan Reynolds, a real estate broker. Lipsky and Wayne entered into a sale agreement, and a closing date was set. The agreement provided that in the event of default, the defaulting party would pay the broker’s commission. Shortly before the closing date, Lipsky informed Reynolds that he did not intend to close the purchase. Wayne subsequently filed suit against Lipsky, seeking damages caused by Lipsky’s breach. The trial court found in favor of Wayne. Even though Wayne did not seek recovery for Reynolds’s commission, the trial court granted Wayne $4,460 for this purpose. Prior to trial, however, Reynolds had already reached a settlement with Lipsky for the commission. Lipsky appealed the judgment in favor of Wayne.
Rule of Law
Holding and Reasoning (Reinhardt, J.)
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