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DAY v. WEST

No. 3-576A108.

373 N.E.2d 935 (1978)

Donald D. DAY d/b/a Day's Real Estate and Auction Service, Plaintiff-Appellant, v. William A. WEST and Anna West, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

March 23, 1978.

Attorney(s) appearing for the Case

Phyllis G. Poff, Auburn, Howard E. Petersen, Richard K. Muntz, LaGrange, for plaintiff-appellant.

William J. Wood, Indianapolis, for amicus curiae; Wood, Tuohy, Gleason & Mercer, Indianapolis, of counsel.

Dudley W. Gleason, Jr., Angola, for defendants-appellees.

HOFFMAN, Judge.

Donald D. Day d/b/a Day's Real Estate and Auction Service brought an action against William A. West and Anna West for their failure to pay him a real estate commission. The issues raised concern whether the property description in the listing contract between the parties was sufficient to satisfy the requirements of IC 1971, 32-2-2-1 (Burns Code Ed.)1 and whether Day's performance was such as would require the commission...

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