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DIAL REALTY, INC. v. CUDAHY CO.

No. 41055.

254 N.W.2d 421 (1977)

198 Neb. 641

DIAL REALTY, INC., a corporation, Appellee, v. CUDAHY COMPANY, a corporation, Appellant.

Supreme Court of Nebraska.

June 8, 1977.

Attorney(s) appearing for the Case

Michael E. Loomis, of Morsman, Fike, Davis & Polack, P.C., Omaha, for appellant.

Mark Laughlin, of Zweiback & Laughlin, Omaha, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ.

PAUL W. WHITE, Chief Justice.

This as an action brought by plaintiff, Dial Realty, Inc., against the defendant, Cudahy Company, to recover a commission allegedly due the plaintiff under the terms of an exclusive real estate listing agreement.

Prior to trial the plaintiff filed a motion for summary judgment. A hearing was held on the plaintiff's motion, at which defendant confessed on the issue of liability. Defendant thereafter filed a motion for partial summary...

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