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FLAHERTY v. HENSLEY

No. 12818.

529 P.2d 1389 (1974)

Louis FLAHERTY, d/b/a Flaherty Agency, and Bryon L. Flaherty, Individually, Plaintiffs and Appellants, v. Riley H. HENSLEY and Laro B. Hensley, Husband and wife, Defendants and Respondents.

Supreme Court of Montana.

Decided December 23, 1974.

Rehearing Denied January 9, 1975.

Attorney(s) appearing for the Case

John McCarvel argued, Hartelius & Lewin, Great Falls, for plaintiffs and appellants.

E.F. Gianotti argued, Great Falls, for defendants and respondents.

JAMES T. HARRISON, Chief Justice.

This is an appeal from the judgment of the district court, Cascade County, holding that defendants Riley H. Hensley and Laro B. Hensley did not owe a real estate broker's commission of $4,200 to plaintiff Louis Flaherty.

The facts are: Sometime prior to March 12, 1973, the Hensleys leased certain ranch property in Teton County, Montana to one Stewart Schwartz. This lease was in writing and contained a provision granting Schwartz...

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