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GUARALDI v. TRANS-LEASE GROUP

No. 91-399.

136 N.H. 457 (1992)

LAWRENCE GUARALDI d/b/a CENTURY 21 GUARALDI AGENCY v. THE TRANS-LEASE GROUP AND JOHN McCARTHY

Supreme Court of New Hampshire.

December 3, 1992.

Attorney(s) appearing for the Case

McNamara, Schuster, Wheeler & Buttrey, P.A., of Lebanon (Claude T. Buttrey and Barry C. Schuster on the brief, and Mr. Schuster orally), for the plaintiff.

Gormley, Mayer & Gormley, P.C., of Nashua (Arthur O. Gormley, III on the brief and orally), for the defendants.

BROCK, C.J.

The defendants appeal the Superior Court's (Smith, J.) order awarding the plaintiff a real estate commission and attorney's fees. We affirm the award of a commission and reverse the award of attorney's fees.

In April 1987, defendant John McCarthy signed a listing agreement giving the plaintiff, Century 21 Guaraldi Agency, exclusive authority for four months "to offer for sale and/or to sell" a house and 61 acres of land located in Enfield...

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