R. M. Tysdal Real Estate, Inc. v. Lewton

MORGAN, Justice.

This case is a companion case to Brockel v. Lewton, 319 N.W.2d 173 (S.D.1982), but comes to us as a separate appeal concerning the trial court’s award of a five percent commission to Tysdal Real Estate, Inc. (Tysdal). Lewtons do not contest that Tysdal produced a ready, willing and able buyer. See e.g., Richardson v. Afdahl, 313 N.W.2d 457 (S.D.1981). Instead, they argue that if Haley and Haivala did not breach their fiduciary duty, Tysdal should receive a .05% commission.

Admittedly, the printed listing agreement between Tysdal and Lewtons was filled in to provide for a .05%…