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MELBOURN v. BENHAM

No. 12591.

292 N.W.2d 335 (1980)

Barbara A. MELBOURN, d/b/a Melbourn's Florist, Plaintiff and Appellant, v. James BENHAM and Rita Benham, d/b/a Sunshine Realty, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 21, 1980.

Attorney(s) appearing for the Case

Charles Rick Johnson of Johnson, Johnson & Eklund, Gregory, for plaintiff and appellant.

Robert C. Riter, Jr. of Riter, Mayer, Hofer & Riter, Pierre, for defendants and appellees.

DAVIS, Circuit Judge.

The complaint of the plaintiff and appellant, Barbara Melbourn, alleging breach of agency and fiduciary obligations by the Benhams in their capacity as real estate agents for Melbourn, prays for judgment of damages totaling $11,630.00. The Benhams counterclaimed, seeking some $5,225.00, plus interest, representing a commission alleged to be due them as the result of a listing contract entered into between Melbourn as seller and the Benhams as...

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