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DAVE ZERWAS v. JAMES HAMILTON CONST. CO.

No. 21358.

876 P.2d 653 (1994)

117 N.M. 723

DAVE ZERWAS COMPANY, Plaintiff-Appellant, v. JAMES HAMILTON CONSTRUCTION COMPANY, INC., Defendant-Appellee.

Supreme Court of New Mexico.

June 16, 1994.

Attorney(s) appearing for the Case

Steven Schmidt, John W. Danfelser, Albuquerque, for appellant.

Lamb, Metzgar & Lines, P.A., Jeffrey A. Dahl, Albuquerque, for appellee.

OPINION

BACA, Justice.

Plaintiff-Appellant, Dave Zerwas Company ("Zerwas") appeals from the judgment entered in favor of Defendant-Appellee, James Hamilton Construction Company, ("Hamilton"). Zerwas filed suit against Hamilton alleging that Hamilton owed Zerwas a real estate commission and gross receipts tax based on an exclusive real estate listing contract. On appeal we address one issue: Whether conduct alone can serve as consent to the cancellation...

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