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AMERICAN PROPERTY SERVICES v. BARRINGER

No. 11840.

256 N.W.2d 887 (1977)

AMERICAN PROPERTY SERVICES, INC., Plaintiff and Respondent, v. Vern BARRINGER, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied September 19, 1977.

Attorney(s) appearing for the Case

Joseph M. Butler and Allen G. Nelson of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiff and respondent.

Robert L. Varilek, Rapid City, for defendant and appellant.

ZASTROW, Justice (on reassignment).

Defendant appeals from a judgment entered in favor of plaintiff for a commission for the sale of certain real estate in Rapid City, South Dakota. We affirm.

On June 23, 1973, plaintiff and defendant entered into a real estate listing agreement, the pertinent terms of which were as follows:

"In consideration of your agreement to use your efforts to find a purchaser, and to list with the members of the RAPID CITY...

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