Hayden Outdoors, Inc. v. Niebur, et al., No. 13-1288 JTM, 2014 U.S. Dist. LEXIS 9885 (D. Kan. Jan. 28, 2014)

(plaintiff, real estate broker, had contract with ranch owner to sell 22,720-acre ranch; contract was exclusive sale listing agreement entitling plaintiff to 7 percent commission; defendants, agents for different real estate broker, contacted ranch owner about potential buyers; plaintiff’s listing agreement expired on June 27, 2009, and extension not signed; a defendant bought ranch on July 1, 2009 and then sold portion of it on August 18, 2009, for over $8.2 million at time when extension clause in plaintiff’s agreement valid and enforceable which entitled plaintiff to compensation for sale of ranch; trial court awarded plaintiff $437,649 based on 7 percent commission less commission due defendant; appellate court affirmed; present action involves plaintiff’s claim of tortious interference of contract by defendants; court had diversity jurisdiction and ruled that two-year statute of limitations barred action; present action filed on August 1, 2013, but plaintiff not only ascertained injury caused by owner’s breach it also ascertained injury caused by alleged tortious interference of ranch owner at same time, which was in 2009; plaintiff could have filed present action without knowing amount of damages it would be awarded in lawsuit against ranch owner).