YRISARRI v. WALLIS

No. 7932.

418 P.2d 852 (1966)

76 N.M. 776

Paul C. YRISARRI, and Brown Realty Company (Formerly The Sam Brown Company, Inc.), a corporation, Plaintiffs-Appellees and Cross-Appellants, v. Clifton H. WALLIS, Defendant-Appellant and Cross-Appellee.

Supreme Court of New Mexico.

Rehearing Denied October 18, 1966.


Attorney(s) appearing for the Case

Toulouse, Ruud, Gallagher & Walters, Albuquerque, for appellant.

Harry O. Morris, Albuquerque, for appellees.


OPINION

WOOD, Judge, Court of Appeals.

This appeal involves a real estate brokerage agreement.

Defendant, by written agreement, authorized plaintiffs to act as defendant's exclusive agent in negotiating a lease of defendant's real estate with a motel chain. Defendant agreed to pay a commission of 5% of the total lease price, plus 3% sales tax on the commission, at the time of closing.

A lease between defendant and the motel chain was entered...

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