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KIRBY, INC. v. WEILER

No. 1119-Appeal.

276 A.2d 285 (1971)

KIRBY, INC. v. James B. WEILER et al.

Supreme Court of Rhode Island.

April 21, 1971.

Attorney(s) appearing for the Case

Corcoran, Peckham and Hayes, Joseph T. Houlihan, Newport, for plaintiff.

Sheffield & Harvey, Newport, Brian G. Bardorf, Newport, for James B. Weiler and Rana W. Weiler, defendants.

Umsted & Going, Joseph B. Going, Newport, for impleaded defendant, Carey & Richmond, Inc.

OPINION

PAOLINO, Justice.

The plaintiff brought this complaint against the defendants James B. Weiler and Rana W. Weiler to recover a commission for the sale of certain property owned by the Weilers. The Weilers1 filed an answer which contained three defenses. The first is a general denial; the second sets up the statute of frauds; and in their third they implead the defendant Carey & Richmond, Inc.2

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