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McFARLAND v. NORTHWEST REALTY CO.

No. 14574.

362 N.W.2d 98 (1985)

Fred McFARLAND and Jerry Chaffee, d/b/a Western Land Brokers and McFarland Auction Service, Plaintiffs and Appellants, v. NORTHWEST REALTY COMPANY, a South Dakota Corporation, Sheldon F. Reese, Star Enterprises, Inc., a South Dakota Corporation, and Par Trust, Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 6, 1985.

Attorney(s) appearing for the Case

John T. Hughes of Morman, Smit, Shepard, Hughes & Wolsky, Sturgis, for plaintiffs and appellants.

Steve Jorgenson and Thomas J. Nicholson of McFarland, Petersen & Nicholson, Sioux Falls, for defendants and appellees.

DOBBERPUHL, Circuit Judge.

This is an appeal from a judgment which dismissed plaintiffs' suit for commission under an auctioneer's employment contract. We affirm.

On June 1, 1978, plaintiffs Jerry Chaffee and Fred McFarland signed an employment contract on behalf of Western Land Brokers and McFarland Auction Service (Auctioneers). This contract provided that Auctioneers were to receive "five percent (5%) of the total...

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