Andersen v. Schenk

¶1 Kermit Andersen is a licensed real estate broker. He filed the instant action in the Twentieth Judicial District Court, Sanders County, to collect a commission on the sale of N. Peter Schenk’s 10,000-acre ranch, known as the Whiskey Trail Ranch. The problem is that Schenk’s alleged promise to pay this commission was not made in writing, and Schenk thus asserted the statute of frauds (§ 28-2-903, MCA) as a defense to Andersen’s claim. The District Court agreed with Schenk and entered judgment in his favor. Andersen now appeals. We affirm in part and remand for further proceedings.

BACKGROUND

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