Flinders v. Gilbert

(sitting in place of

MR. JUSTICE DOYLE),

delivered the Opinion of the Court.

This is an appeal from a judgment entered on a directed verdict for the plaintiff. The undisputed facts are as follows:

Defendant owned a farm near Hobson, Montana, which he was buying from one Fitzwater. He was having difficulty hi making his payments thereon and was unable to make the next payment due on July 1, 1960. To avoid losing his equity therein, defendant listed the farm for sale with ten real estate brokers, including the plaintiff. In each of these listing agreements the “exclusive clause” was stricken from…