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BISMARCK REALTY CO. v. FOLDEN

Civ. No. 10442.

354 N.W.2d 636 (1984)

BISMARCK REALTY COMPANY, Plaintiff and Appellee, v. Gaylord FOLDEN, Pioneer Realty & Land Company, and Kenneth Austin, Defendants and Appellants.

Supreme Court of North Dakota.

June 28, 1984.

Attorney(s) appearing for the Case

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for plaintiff and appellee; argued by David L. Peterson, Bismarck.

Kelsch, Kelsch, Bennett, Ruff & Austin, Mandan, for defendants and appellants; argued by Timothy J. Austin and Thomas F. Kelsch, Mandan.

On Petition for Rehearing

PEDERSON, Justice.

This case involves an action brought by a realty company (Bismarck Realty Company): (1) against a property owner (Gaylord Folden) for the breach of an "exclusive" listing agreement; and (2) against a competing realty company (Pioneer Realty & Land Company) and its agent (Kenneth Austin) for tortious interference with the "exclusive" listing agreement. The trial court determined that Folden had breached his...

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