Lane v. Smith

This is an appeal from a judgment by the Third Judicial District Court, Powell County, granting plaintiffs’ motion for partial summary judgment and denying defendants’ motion for summary judgment. We affirm.

The issues on appeal are:

1. Was summary judgment appropriate where a realtor’s commission was claimed?

2. Did the District Court err in granting summary judgment to plaintiffs?

3. Did the District Corut err in awarding attorney’s fees to plaintiffs?

H.W. Smith, Jr. and Elizabeth Smith (Smiths) owned the Avon Family Cafe in Avon, Montana. The Smiths wished to sell this property and listed it…