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KJERSTAD REALTY, v. BOOTJACK RANCH

No. 25091.

774 N.W.2d 797 (2009)

2009 SD 93

KJERSTAD REALTY, INC., a South Dakota Corporation, Plaintiff and Appellee, v. BOOTJACK RANCH, INC., a South Dakota Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 28, 2009.

Attorney(s) appearing for the Case

Alecia E. Fuller, Richard A. Pluimer of Brady & Pluimer, P.C., Spearfish, South Dakota, Attorneys for plaintiff and appellee.

John K. Nooney, Aaron T. Galloway of Nooney, Solay & Van Norman, LLP, Rapid City, South Dakota, Attorneys for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] Bootjack Ranch, Inc. appeals the circuit court's grant of summary judgment in favor of Kjerstad Realty, Inc. for a claimed sales commission associated with the sale of Bootjack Ranch. We reverse and remand for trial.

BACKGROUND

[¶ 2.] The president of Bootjack Ranch, Patricia Hanson, entered into an exclusive listing agreement with Jerald Kjerstad on behalf of Kjerstad Realty to sell Bootjack Ranch. The listing...

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