Kjerstad Realty, Inc. v. Bootjack Ranch, Inc., et al., 2011 SD 67 (S.D. Sup. Ct. 2011)

(case involves question of whether plaintiff substantially performed with real estate sale contract to be entitled to 5 percent commission upon sale of 6,385-acre ranch; sale agreement entered into in 2006 involved a one-year contract to list ranch at price of $3.658 million and provided for 5 percent commission if sale occurred within the year or within 180 days after one-year period ended if sale was to someone that had been shown ranch during the one-year period; selling price reduced to $3.1 million and ranch later taken off market; neighbor, who was tenant on part of ranch, ultimately bought ranch five months later for slightly less than $3.1 million and plaintiff sued for commission; plaintiff never physically showed ranch to buyer; issues of material fact remain for jury consideration on question of whether plaintiff rendered sufficient performance to earn commission).

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