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J.D. LAND CO. v. KILLIAN

No. 2 CA-CV 88-0098.

158 Ariz. 210 (1988)

762 P.2d 124

J.D. LAND CO., an Arizona corporation, Plaintiff/Appellant, v. Gerald KILLIAN and Emilie Killian, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied October 18, 1988.

Attorney(s) appearing for the Case

Killian, Legg, Nicholas, Fischer, Wirken, Cook & Pew by Gail M. Ledward, Mesa, for plaintiff/appellant.

Earl, Baird & Williams by John W. Blischak, Phoenix, for defendants/appellees.

OPINION

LACAGNINA, Chief Judge.

J.D. Land Co. appeals from judgment in favor of Gerald and Emilie Killian denying recovery of a real estate commission on an exclusive listing agreement. Killians contend that the exclusive agency agreement contemplated the payment of a commission only if a transaction actually closed during the time that the agreement was in effect. J.D. Land argues that if an agreement to sell was entered into before the expiration of the...

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