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MITCHELL v. RAWLS

No. 55759.

493 So.2d 361 (1986)

Charles L. MITCHELL, d/b/a Mitchell Real Estate v. James M. RAWLS and Kerry M. Rawls.

Supreme Court of Mississippi.

August 20, 1986.

Attorney(s) appearing for the Case

Ronald W. Lewis, Hill & Lewis, Oxford, for appellant.

William C. Spencer, Holly Springs, for appellee.

Before DAN M. LEE, ROBERTSON and GRIFFIN, JJ.

GRIFFIN, Justice, for the Court:

This is a suit for a real estate commission appealed from the Chancery Court of Marshall County. At the conclusion of the complainant's case, the appellees moved to dismiss on the ground that the complainant had not made out a case. The chancellor agreed and, near the end of his ruling, he made the following statement:

I feel that under the terms of the contract and the listing agreement that he prepared, the terms...

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