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BUSHNELL REAL ESTATE, INC. v. NIELSON

No. 18284.

672 P.2d 746 (1983)

BUSHNELL REAL ESTATE, INC., Plaintiff and Respondent, v. Robert S. NIELSON and Bradley J. Nielson, Defendants and Appellants.

Supreme Court of Utah.

October 24, 1983.

Attorney(s) appearing for the Case

Marcus Taylor of Labrum & Taylor, Salt Lake City, for defendants and appellants.

Bruce Findlay, Richfield, for plaintiff and respondent.

DURHAM, Justice:

This is an appeal from a summary judgment granted to the plaintiff, Bushnell Real Estate, Inc., against the defendants, Robert S. and Bradley J. Nielson. The plaintiff sued to collect on a promissory note from the defendants for the unpaid portion of the plaintiff's broker's commission. The defendants admitted making and delivering the note, but denied liability on the grounds that the note was a "conditional contract" and that the condition was unfulfilled...

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