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KAHLER, INC. v. WEISS

No. 19069.

539 N.W.2d 86 (1995)

KAHLER, INC., Plaintiff and Appellee, v. Charles W. WEISS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 1, 1995.

Attorney(s) appearing for the Case

Mitchell C. LaFleur of LaFleur, LaFleur & LaFleur, Rapid City, for plaintiff and appellee.

Allen L. Scovel and Mitchell D. Johnson of Dakota Professional Center, Rapid City, for defendant and appellant.

KONENKAMP, Justice.

A realtor sued to collect a commission on the sale of a business. The seller asserted the exclusive listing agreement was unenforceable after its term expired, and alternatively, that the realtor failed to substantially perform. The trial court granted the realtor's motion for summary judgment. We affirm in part, reverse in part and remand.

FACTS

Charles Weiss owned a catering business. The business was divided into two distinct...

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