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ADAMS v. THOMPSON

No. 1435.

529 P.2d 1234 (1974)

87 N.M. 113

Wayne ADAMS, Plaintiff-Appellee, v. Roy B. THOMPSON, Jr., and Helen L. Thompson, Defendants-Appellants.

Court of Appeals of New Mexico.

Rehearing Denied November 22, 1974.

Certiorari Denied December 20, 1974.

Attorney(s) appearing for the Case

Lynell G. Skarda, Clovis, for defendants-appellants.

B.R. Baldock, T.T. Sanders, Jr., Sanders, Bruin & Baldock, Roswell, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Defendants, sellers, appeal from a judgment in favor of plaintiff, broker. We reverse.

Plaintiff and defendants entered into an exclusive listing agreement for six months commencing on March 15, 1972 and providing for a 5% real estate commission and a tax of 4% on said commission. The trial court found as facts that:

"4. The written listing of plaintiff expired by its terms...

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