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BURKETT & ASSOC., INC. v. TEYMER

No. 2008AP1509.

767 N.W.2d 623 (2009)

2009 WI App 67

BURKETT & ASSOCIATES, INC. CENTURY 21, Plaintiff-Appellant-Cross-Respondent, v. James M. TEYMER and Lori K. Teymer, Defendants-Respondents-Cross-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed April 21, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant-cross-respondent, the cause was submitted on the briefs of Sven W. Strutz and Timothy L. Vocke of Eckert, Kost & Vocke LLP, Rhinelander.

On behalf of the defendants-respondents-cross-appellants, the cause was submitted on the briefs of Steven M. Lucareli of Lucareli Law Offices, LLC, Eagle River.

A nonparty brief was filed by Debra P. Conrad of Madison, for Wisconsin Realtors Association.

Before HOOVER, P.J., and PETERSON and BRUNNER, JJ.

¶ 1 PETERSON, J.

Burkett and Associates, Inc., a real estate broker, sued James and Lori Teymer for a commission on the sale of property owned by the Teymers. The sale occurred after Burkett's listing contract with the Teymers expired. Burkett argues it negotiated with the buyer before the listing contract expired and is therefore entitled to the commission under the contract. The circuit court disagreed and granted judgment dismissing Burkett's lawsuit. However...

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