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HENRY S. MILLER CO. v. ULMER

Civ. A. No. H-88-306.

701 F.Supp. 598 (1988)

HENRY S. MILLER COMPANY, Plaintiff, v. Konrad ULMER, Defendant.

United States District Court, S.D. Texas, Houston Division.

December 19, 1988.

Attorney(s) appearing for the Case

Joseph O. Slovacek, Hoover Bax & Shearer, Houston, Tex., for plaintiff.

Edward L. Friedman, Liddell, Sapp, Zivley & Hill, Houston, Tex., for defendant.

MEMORANDUM ON SUMMARY JUDGMENT

HUGHES, District Judge.

If the lease has a ten-year term with an option allowing the tenant unilaterally to terminate the lease between five and one-half years and six years into the lease, does the landlord owe the broker a commission on a five-year or a ten-year lease? The court will grant a summary judgment for the broker, awarding him a commission for the ten-year term.

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