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PAYNE v. BUECHLER

No. 80-227.

628 P.2d 646 (1981)

Rad Lee PAYNE, Plaintiff and Appellant, v. Billie BUECHLER, Defendant and Respondent.

Supreme Court of Montana.

Decided May 26, 1981.

Dissenting Opinion May 27, 1981.

Attorney(s) appearing for the Case

Gerald J. Neely, Billings, for plaintiff and appellant.

Berger, Anderson, Sinclair & Murphy, Billings, for defendant and respondent.

HASWELL, Chief Justice.

This is an action by a real estate broker to collect a commission under a written contract granting him the exclusive right to sell the property. During the term of the listing, the property owner canceled the listing and sold the property herself. From a judgment of the District Court of Yellowstone County denying recovery of the commission, the broker appeals.

Plaintiff and appellant is Rad Lee Payne, a licensed real estate broker...

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