Flaherty v. Hensley

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal from the judgment of the district court, Cascade County, holding that defendants Biley H. Hensley and Laro B. Hensley did not owe a real estate broker’s commission of $4,200 to plaintiff Louis Flaherty.

The facts are: Sometime prior to March 12, 1973, the Hensleys leased certain ranch property in Teton County, Montana to one Stewart Schwartz. This lease was in writing and contained a provision granting Schwartz an option to purchase the property during the term at a prearranged price. On March 12, 1973, the…