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PRUDENTIAL KAHLER REALTORS v. SCHMITENDORF

No. 22672.

673 N.W.2d 663 (2003)

2003 SD 148

PRUDENTIAL KAHLER REALTORS, Plaintiff and Appellant, v. James A. SCHMITENDORF and Dorothy C. Schmitendorf, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 23, 2003.

Attorney(s) appearing for the Case

Jon J. Lafleur of LaFleur, LaFleur & LaFleur, P.C., Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Jody H. Speck, Rapid City, South Dakota, Attorney for defendants and appellees.

GILBERTSON, Chief Justice.

[¶ 1.] James and Dorothy Schmitendorf (Schmitendorfs) entered into an exclusive listing agreement with Prudential Kahler Realtors (Kahler) for the sale of a printing business known as the Type Emporium. In the listing agreement, the Schmitendorfs agreed to pay Kahler a nine percent sales commission if the business was sold to any buyer to whom Kahler had shown the property. The listing agreement also contained a "tail" that obligated...

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