The Cedar Rapids Gazette : Wednesday, April 27, 1988

Couple awarded $536,250 from real estate salesmen
By Roland Krekeler

A Linn County District Court jury has awarded $536,250 to a Marion couple in their suit alleging two real estate salesmen failed to represent them properly in the sale of their 600-acre farm.

The farm sold in 1981 for $1,650,000.

Harold E. and Anita S. Crutchley also alleged in the Linn County District Court suit that Jim Short and Don Fishel were negligent in their dealings with the Crutchleys. Fishel's estate was one of the defendants, since he died in 1985.

Seven members of an eight-person jury found for the Crutchleys and determined their damages amounted to $715,000. That amount was cut by 25 percent, because the jury also found they were negligent to that extent.

Under the terms of the contract by which the Crutchleys sold their farm, they were unable to foreclose on the purchaser when the purchaser defaulted several years after the sale.

The Crutchleys' only recourse was to take the property back. They alleged that in doing that they lost $111,196 and then were foreclosed on and forced into bankruptcy.

They sought $773,535, representing the difference between what was due on their contract to sell the property and the amount for which it was sold in bankruptcy proceedings, attorney fees in the bankruptcy case and damage from emotional distress.

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