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COLDWELL BANKER v. PAUSON

No. 93-574.

138 N.H. 666 (1994)

COLDWELL BANKER d/b/a MARPLE ASSOCIATES, INC. v. JOHN J. AND CATHERINE A. PAUSON

Supreme Court of New Hampshire.

July 14, 1994.

Attorney(s) appearing for the Case

Holland, Donovan, Beckett & Hermans, P.A., of Exeter (William H.M. Beckett on the brief and orally), for the plaintiff.

Sanders and McDermott, of Hampton (Lawrence M. Edelman and Lawrence S. Forsley on the brief, and Mr. Forsley orally), for the defendants.

THAYER, J.

The plaintiff, Coldwell Banker d/b/a Marple Associates, Inc. (Marple), appeals from the Superior Court's (Smukler, J.) determination that it was not due a real estate brokerage commission from the defendants, John J. and Catherine A. Pauson. We affirm.

On January 2, 1991, Marple and the Pausons entered into an "Exclusive Listing Authorization" for the sale of the Pausons' home located at 845 South Street in Portsmouth. By this agreement,...

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