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p0660 Evidence that plaintiff offered to accept return of a broker's commission and when the offer was rejected dismissed a suit against the broker for selling plaintiff's house below its value was inadmissible to prove the broker's commission was part of the damage sought by plaintiff, and since there was nothing else to show that the action related to the broker's commission, the trial court was correct in refusing to award attorney fees to the broker under an agreement that called for fees to a prevailing party in litigation regarding the broker's compensation.CitationHASLER v HOWARD (Broker's Commission) 120 CA4 1023 [See: EvC 1152; Xuereb v Marcus & Millichap 3 CA4 1338]
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