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BEARD v. POE

179 S.E.2d 473 (1971)

211 Va. 626

E. Kemper BEARD, Trustee, et al., v. Thomas L. POE, t/a, etc.

Supreme Court of Appeals of Virginia.

March 8, 1971.

Attorney(s) appearing for the Case

R. J. Lillard, Fairfax (Jesse B. Wilson, III, McCandlish, Lillard & Marsh, Fairfax, on brief), for plaintiffs in error.

H. Kendrick Sanders, Jr., Fairfax (Royce A. Spence, Falls Church, Gilliam & Sanders, Fairfax, Gibson, Hix & Hansbarger, Falls Church, on brief), for defendant in error.

Before SNEAD, C.J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

GORDON, Justice.

On January 5, 1967, defendant E. Kemper Beard, as trustee for the owners of property on Prosperity Lane, Fairfax County, made the following "open" listing agreement with plaintiff Thomas L. Poe, trading as Virginia Land Company:

"In consideration of the services of VIRGINIA LAND COMPANY, hereinafter called the Agent, to be rendered by said Agent to me, I hereby grant an open listing to said Agent for 180 days from this date to sell my property...

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