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ANDERSEN v. SCHENK

No. DA 08-0123.

220 P.3d 675 (2009)

2009 MT 399

353 Mont. 424

Kermit ANDERSEN, Plaintiff and Appellant, v. N. Peter SCHENK, Defendant and Appellee.

Supreme Court of Montana.

Decided November 24, 2009.

Attorney(s) appearing for the Case

For Appellant: Robert K. Baldwin, Trent M. Gardner, Goetz, Gallik & Baldwin, P.C., Bozeman, Montana.

For Appellee: Charles E. Hansberry, Elena J. Zlatnik, Garlington, Lohn & Robinson, PLLP, Missoula, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Kermit Andersen is a licensed real estate broker. He filed the instant action in the Twentieth Judicial District Court, Sanders County, to collect a commission on the sale of N. Peter Schenk's 10,000-acre ranch, known as the Whiskey Trail Ranch. The problem is that Schenk's alleged promise to pay this commission was not made in writing, and Schenk thus asserted the statute of frauds (§ 28-2...

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