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HAMILTON COMPANY v. KENDALL

305 S.W.2d 761 (1957)

HAMILTON COMPANY, Inc., et al., Appellants, v. Paul M. KENDALL, Individually, and T/D/B The Kendall Company, Appellee.

Court of Appeals of Kentucky.

October 4, 1957.

Attorney(s) appearing for the Case

Wilbur Fields, Louisville, for appellants.

S. J. Stallings, Glenn L. Schilling, Louisville, for appellee.

CAMMACK, Judge.

This is an appeal from a second summary judgment awarding the appellee, Paul M. Kendall, the sum of $3,050 plus interest claimed to be due and owing him as a commission on a sale of real estate for the appellants, Hamilton Company, Inc., and others. Reversal is urged upon the grounds that (1) the court erred in setting aside the first summary judgment which was for the appellant; and (2) if the first summary judgment was improper, there was an issue...

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