McFarland v. Northwest Realty Co.

DOBBERPUHL, Circuit Judge.

This is an appeal from a judgment which dismissed plaintiffs’ suit for commission under an auctioneer’s employment contract. We affirm.

On June 1, 1978, plaintiffs Jerry Chaffee and Fred McFarland signed an employment contract on behalf of Western Land Brokers and McFarland Auction Service (Auc tioneers). This contract provided that Auctioneers were to receive “five percent (5%) of the total amount realized from the sale of Seller’s property,” which included several parcels of land in Pennington County, South Dakota, only one of which is involved in this appeal. On…