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MACHAN HAMPSHIRE v. WESTERN REAL ESTATE

No. 880229-CA.

779 P.2d 230 (1989)

MACHAN HAMPSHIRE PROPERTIES, INC., a Utah corporation, Plaintiff and Appellant, v. WESTERN REAL ESTATE & DEVELOPMENT COMPANY, a Utah corporation; Western Mortgage and Loan Corporation, a Utah corporation; K-E Enterprises, a Utah general partnership; Birtcher Investments, a California general partnership; Birtcher American Properties, a California association; and CapitalCorp Financial, Inc., a California corporation, Defendants and Respondents.

Court of Appeals of Utah.

August 10, 1989.

Attorney(s) appearing for the Case

Michael N. Emery, Salt Lake City, for plaintiff and appellant.

Dan S. Bushnell, David M. Wahlquist and Merrill F. Nelson, Salt Lake City, for defendants and respondents.

Before BILLINGS, JACKSON, and ORME, JJ.

JACKSON, Judge:

Machan Hampshire Properties, Inc. ("Machan"), a real estate brokerage, appeals from a summary judgment dismissing its contract claim against defendants Western Real Estate & Development Company ("Western Development"), Western Mortgage and Loan Corporation ("Western Mortgage"), and K-E Enterprises1 for a real estate sales commission. The lower court ruled that Machan's claim was barred by the statute of frauds codified...

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