SCHLOSSMAN & GUNKELMAN, INC. v. TALLMAN

No. 980133.

593 N.W.2d 374 (1999)

1999 ND 89

SCHLOSSMAN & GUNKELMAN, INC., Plaintiff and Appellee, v. Robert TALLMAN and Vincent Murphy, individually and doing business as M & T Investment Company, Defendants and Appellants. and Monte Kjos, individually and doing business as Kjos Investments, Defendant and Appellee.

Supreme Court of North Dakota.

May 19, 1999.


Attorney(s) appearing for the Case

Steven A. Johnson, Vogel, Weir, Bye, Hunke & McCormick, Ltd., Fargo, ND, for plaintiff and appellee.

Stephen W. Plambeck, Nilles, Hansen & Davies, Ltd., Fargo, ND, for defendants and appellants.

Bruce H. Carlson, McNair, Larson & Carlson, Ltd., Fargo, ND, for defendant and appellee. Submitted on brief.


VANDE WALLE, Chief Justice.

[¶ 1] Robert Tallman and Vincent Murphy, individually and doing business as M & T Investment Company, appealed from a judgment awarding Schlossman & Gunkelman, Inc., a $103,432.21 commission, plus interest and costs, under a listing agreement for the Village Square Office and Warehouse in Fargo. We hold the trial court erred in ruling two letters written by Tallman were not offers of compromise under N.D.R.Evid. 408 and admitting...

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