Theodore D. Garfield Dba Garfield

The plaintiff-respondent, Theodore Garfield, is a real estate broker. Garfield instituted this action to recover a sales commission allegedly owed to him by the defendant-appellant, Chester Tindall. Garfield prevailed in district court, receiving a $49,900 judgment. Tindall appeals. The record discloses that on January 12, 1974, Tindall signed a Real Estate Broker's Employment Contract (a listing agreement) authorizing Garfield to sell certain farm lands. The property in question is some 2,156 acres of farm land located in Owyhee County. Title to the property is held in the following manner: 320 acres in the name of Tindall; 320 acres in the name of Tindall's wife; and the remainder in the name of Standard Credit Corporation, a family corporation composed of Tindall, his wife, son, and mother-in-law. Tindall is the president and managing agent of the corporation.