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TYLER v. PORTER

Civ. Nos. 9098, 9099.

230 N.W.2d 612 (1975)

James W. TYLER et al., Plaintiffs and Appellees, v. Lyle W. PORTER, Defendant and Appellant. Lyle W. PORTER, Plaintiff and Appellant, v. James W. TYLER et al., Defendants and Appellees.

Supreme Court of North Dakota.

May 19, 1975.

Attorney(s) appearing for the Case

Richard P. Rausch and Lundberg, Nodland & Schulz, Bismarck, for James W. Tyler, A. Marie Tyler and Tyler's Western Village, Inc., plaintiffs and appellees in Civil No. 9098, and for the same parties as well as William Clairmont, defendants and appellees in Civil No. 9099, argued by Mr. Rausch.

Sperry & Schultz, Bismarck, and Belli, Ashe, Ellison & Choulos, San Francisco, Cal., for Lyle W. Porter, defendant and appellant in Civil No. 9098 and plaintiff and appellant in Civil No. 9099, argued by Thomas J. Anton, San Francisco, Cal.

VOGEL, Justice.

On September 1, 1967, James W. Tyler and A. Marie Tyler (hereinafter Tyler) entered into a contract with Lyle W. Porter, doing business as Porter Real Estate Company, granting the company (hereinafter Porter) "the sole and exclusive right to sell" certain described property, "in consideration of the services rendered and to be rendered" by Porter, and granting Porter a cash commission of 20 percent of the selling price of the property, consisting of...

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