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BARRICK RLTY. CO. v. BOGAN

No. 3-880A249.

422 N.E.2d 1306 (1981)

BARRICK REALTY COMPANY; AND NICK ADAMS, Appellants (Plaintiffs below), v. Charles R. BOGAN; Hotel Lembke, Incorporated; and Lembke Motor Inn, Incorporated, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied September 3, 1981.

Attorney(s) appearing for the Case

Blachly, Tabor, Bozik & Hartman, Glenn J. Tabor, Thomas F. Macke, David A. Butterfield, Valparaiso, for appellants (plaintiffs below); William J. Wood, John Q. Herrin, Wood, Tuohy, Gleason & Mercer, Indianapolis, for amicus curiae, Indiana Ass'n of Realtors, Inc.

Hoeppner, Wagner & Evans, Gordon A. Etzler, Richard A. Browne, Valparaiso, for appellees.

YOUNG, Presiding Judge.

Barrick Realty Company and Nick Adams, a real estate agent, appeal a negative judgment in an action for a real estate sales commission against Charles R. Bogan, Hotel Lembke, Inc., and Lembke Motor Inn, Inc. They argue the trial court erred in its construction of the term "negotiations" as it relates to what was required to earn a commission and also that the trial court erred by not finding the agreement to have been modified.

As they...

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