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P.J. BERRY CO., INC. v. DENVER AMERICAN FAMILY

No. 81CA0324.

663 P.2d 264 (1983)

P.J. BERRY COMPANY, INC., a Colorado corporation, Plaintiff-Appellant, v. DENVER AMERICAN FAMILY LODGE WEST, INC., a Colorado corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

April 7, 1983.

Attorney(s) appearing for the Case

Bradley, Campbell & Carney, P.C., Earle D. Bellamy II, Golden, for plaintiff-appellant.

Hornbein, MacDonald, Fattor & Buckley, P.C., James C. Fattor, Denver, for defendant-appellee.

STERNBERG, Judge.

Plaintiff, P.J. Berry Company, the broker, brought suit to collect a real estate commission allegedly owed to it by defendant, Denver American Family Lodge West, the owner. The trial court concluded that under the terms of the listing contract the broker was not entitled to a commission and dismissed the complaint. We agree and therefore affirm the judgment.

On July 13, 1976, the owner entered into an exclusive listing agreement with the...

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