RED CARPET-BARRY & ASSOC. v. APEX ASSOCIATES

2 CA-CIV 3914.

130 Ariz. 302 (1981)

635 P.2d 1224

RED CARPET-BARRY & ASSOCIATES, INC., an Arizona corporation, Plaintiff/Appellant, v. APEX ASSOCIATES, INC., a Nevada corporation, and Bruce Redding and Carole Redding, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 9, 1981.

Review Denied October 6, 1981.


Attorney(s) appearing for the Case

Stompoly & Even, P.C. by Barry Kirschner, Tucson, for plaintiff/appellant.

Hirsch & Lindamood, P.C. by W. James Harrison, Tucson, for defendants/appellees.


OPINION

BIRDSALL, Judge.

Appellant, a licensed real estate broker, brought this action against appellees alleging that it was entitled to a commission of $50,000 based on a letter contract which was made a part of its complaint. The appellees responded by a motion to dismiss for failure to state a claim. The motion alleged that the written agreement was unenforceable because it contained no expiration date. The trial court agreed and dismissed the complaint...

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