Doug Johns Real Estate, Inc. v. Banta

In this case we reverse the order of the District Court, Eleventh Judicial District, Flathead County, which dismissed the plaintiff’s complaint -under Rule 41(b), M.R.Civ.P. for lack of prosecution.

Doug Johns Real Estate, Inc., (Johns) is a Montana corporation doing business as a real estate broker in Kalispell, Montana. On June 15,1987, Vester R. Banta and Theila C. Banta executed and delivered to Johns a standard listing contract, listing for sale certain real property owned by them in Flathead County. On August 25, 1987, Johns received and forwarded to the defendants an agreement signed by…