South Dakota Supreme Court November 1, 1995, 19069 (Kahler, Inc. v. Weiss)

KONENKAMP, Justice.

A realtor sued to collect a commission on the sale of a business. The seller asserted the exclusive listing agreement was unenforceable after its term expired, and alternatively, that the realtor failed to substantially perform. The trial court granted the realtor’s motion for summary judgment. We affirm in part, reverse in part and remand.