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JOHNSON v. NYHART

No. 94-308.

889 P.2d 1170 (1995)

Ronald W. JOHNSON, d/b/a Johnson Realty, Plaintiff and Respondent, v. Jerry NYHART, Clarajo Nyhart, and Nyhart Ranches, Inc., Defendants and Appellants.

Supreme Court of Montana.

Decided February 8, 1995.

Attorney(s) appearing for the Case

J. Robert Planalp, Landoe, Planalp & Braaksma, Bozeman, for appellants.

W. Cecil Jones and Calvin J. Erb, Dilon, for respondent.

HUNT, Justice.

Respondent Ronald Johnson, doing business as Johnson Realty, brought suit in the Fifth Judicial District Court, Beaverhead County, to collect a real estate broker's commission from sellers. Johnson moved for summary judgment. The District Court granted the motion and entered judgment in favor of Johnson. Appellants Jerry Nyhart and Nyhart Ranches, Inc., appeal. We affirm in part and vacate the judgment as it pertains to Clarajo Nyhart.

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