Property Brokers, Inc. v. Loyning

The plaintiffs, real estate brokers, brought this action to recover commissions for the sale of a ranch owned by defendants, the Loynings. Both parties moved for summary judgment. The District Court of the Thirteenth Judicial District, Carbon County, granted summary judgment for defendants, and plaintiffs appeal.

The Loynings entered into a real estate listing agreement with one of the appellants, Property Brokers, Inc., in order to sell their ranch near Roberts, Montana. In the agreement, Property Brokers was employed “to sell or exchange” the property, and would receive an 8 percent…