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BROWN v. MARIS

No. 18,934.

128 Ind. App. 671 (1958)

150 N.E.2d 760

BROWN v. MARIS.

Court of Appeals of Indiana.

Rehearing granted with opinion May 29, 1958.

Rehearing denied June 25, 1958.

Transfer denied September 24, 1958.

Attorney(s) appearing for the Case

Karl Overbeck and Ward S. Williams, both of Covington, for appellant.

Wallace, Wallace & Mason, of Covington, for appellee.

Joseph G. Wood and Schortemeier, Eby & Wood, of Indianapolis, for Indiana Real Estate Association, Inc., Amicus Curiae.

ON PETITION FOR REHEARING

CRUMPACKER, J.

In this action appellant chose to stand on a contract which the appellee had breached and sued to recover the commission stipulated therein. The contract involved is what is known as a real estate broker's listing contract and reads as follows:

"LISTING CONTRACT 8-21-52 "To Edwin L. Brown Real Estate "In consideration...

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