HILLIARD v. COCA-COLA BOTTLING MIDEAST, INC.


690 S.W.2d 773 (1985)

J.J.B. HILLIARD, W.L. Lyons, Inc., Appellant, v. COCA-COLA BOTTLING MIDEAST, INC., Appellee.

Court of Appeals of Kentucky.

May 31, 1985.


Attorney(s) appearing for the Case

James E. Milliman, Barbara Reid Hartung, Greenebaum Doll & McDonald, Louisville, for appellant.

Edward H. Stopher, Robert M. Brooks, Boehl Stopher Graves & Deindoerfer, Louisville, Timothy Cone, Stoll, Keenon & Park, John G. Atchison, Jr., Joseph Miller, Gess, Mattingly, Saunier & Atchison, Lexington, for appellee.

Before COMBS, HOWARD and LESTER, JJ.


COMBS, Judge.

This is an appeal from the summary judgment of the Jefferson Circuit Court, which determined that appellant is not entitled to a fee from appellee's sale to Proctor & Gamble under the extension clause of a brokerage agreement.

We note at the outset that the trial court rendered its decision in the form of a "summary judgment." However, this action was tried before the court sitting without a jury. After reviewing the entire record, which...

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