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SAMAR, INC. v. HOFFERTH

No. 71A04-9907-CV-315

726 N.E.2d 1286 (2000)

SAMAR, INC., Appellant-Defendant, v. Jack HOFFERTH, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 26, 2000.

Attorney(s) appearing for the Case

Don G. Blackmond, Lynn M. Butcher, South Bend, Indiana, Attorneys for Appellant.

Brent E. Inabnit, Matthew R. Kaczmarek, Sopko Nussbaum & Inabnit, South Bend, Indiana, Attorneys for Appellee.

OPINION

SHARPNACK, Chief Judge

Samar, Inc., appeals the trial court's judgment in favor of Jack Hofferth in a breach of contract action. Samar raises two issues, which we restate as:

1) whether the trial court erred in awarding Hofferth a commission based on its finding that Samar had not entered into an exclusive right to sell listing contract following the expiration of the Samar-Hofferth listing agreement; and

2) whether Hofferth waived...

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