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NARDI v. SMALLEY

No. 81-176.

643 P.2d 228 (1982)

Mike NARDI, d/b/a Mike Nardi Realty, Plaintiff and Respondent, v. Lawrence H. SMALLEY and Carol C. Smalley, husband and wife, Defendants and Appellants, and Lawrence H. SMALLEY and Carol C. Smalley, husband and wife, Defendants and Cross-Plaintiffs and Appellants, v. Joseph ALTMAYER and Victoria Altmayer, husband and wife, Third Party Defendants and Appellants.

Supreme Court of Montana.

Decided April 1, 1982.

Attorney(s) appearing for the Case

Gary E. Wilcox, Paul G. Olsen, Billings, for defendants and appellants.

Donald Herndon, Herndon, Harper & Munro, Billings, for plaintiff and respondent.

MORRISON, Justice.

Plaintiff brought this action to collect a real estate commission against defendants, Smalleys. Smalleys, the sellers, impleaded third party defendants Altmayers, the buyers. Judgment was entered in favor of plaintiff against Smalleys and judgment was entered for Smalleys on their cross claim against Altmayers. Both Smalleys and Altmayers appeal.

On May 20, 1977, appellants, Smalleys and respondent, Nardi entered into a real estate broker...

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