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R. M. TYSDAL REAL ESTATE, INC. v. LEWTON

No. 13384.

319 N.W.2d 175 (1982)

R. M. TYSDAL REAL ESTATE, INC., Plaintiff and Appellee, v. John M. LEWTON and Thelma I. Lewton, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 12, 1982.

Attorney(s) appearing for the Case

Gary R. Richards of Richards, Hood & Brady, Spearfish, for plaintiff and appellee.

William H. Coacher, Sturgis, for defendants and appellants.

MORGAN, Justice.

This case is a companion case to Brockel v. Lewton, 319 N.W.2d 173 (S.D.1982), but comes to us as a separate appeal concerning the trial court's award of a five percent commission to Tysdal Real Estate, Inc. (Tysdal). Lewtons do not contest that Tysdal produced a ready, willing and able buyer. See e.g., Richardson v. Afdahl, 313 N.W.2d 457 (S.D.1981). Instead, they...

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