G. Harold Rogers Dba Emerald Realty V‪.‬

This is an action by a real estate broker for commission claimed due on a listing agreement or broker's employment contract between the broker and prospective sellers of a farm. The complaint alleges the broker ""[secured] a buyer ready, willing and able to purchase said real property [the farm] under the terms and conditions specified by the defendants [sellers, a husband and wife] in said Employment contract [the listing agreement]."" The action was tried before a jury which rendered verdict for the prospective sellers, and the district court entered judgment on that verdict. The judgment is reversed and the action remanded for a new trial. May 10, 1966, appellant G. Harold Rogers, a Boise real estate broker (dba Emerald Realty), entered into an open listing agreement (real estate broker's employment contract) with respondents Denver and Eunice Hendrix, concerning sale of their forty-acre farm near Emmett, Idaho.