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ARGABRIGHT v. RODGERS

No. 20020246.

659 N.W.2d 369 (2003)

2003 ND 59

Brian ARGABRIGHT, Plaintiff and Appellant, v. Jeffrey G. RODGERS and Rhonda Rodgers, Defendants and Appellees.

Supreme Court of North Dakota.

April 15, 2003.

Attorney(s) appearing for the Case

Robert S. Rau, Bosard, McCutcheon & Rau, Ltd., Minot, for plaintiff and appellant.

Jeffrey G. Rodgers (argued), pro se, and Rhonda Rodgers, pro se, Towner, for defendants and appellees.

KAPSNER, Justice.

[¶ 1] Brian Argabright appealed from a district court judgment dismissing, on its merits, his claim against Jeffrey and Rhonda Rodgers for a broker's commission on the sale of their mobile home. We hold the trial court's implicit finding that Clayton Gillmore, owner and operator of Discount Mobile Home Sales, Inc. ("Discount"), was Argabright's ostensible agent for purposes of selling the home is clearly erroneous. We further hold the district...

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