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WINGO v. FARLEY

No. 6806.

318 S.W.2d 955 (1958)

J. H. WINGO, Appellant, v. J. H. FARLEY, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied December 22, 1958.

Attorney(s) appearing for the Case

Aldridge & Aldridge and Hurshel R. Harding, Farwell, for appellant.

Jack D. Young, Muleshoe, Simpson, Clayton & Fullingim, Amarillo, for appellee.

NORTHCUTT, Justice.

This is a real estate brokerage suit in which appellee, J. H. Farley, a licensed realtor, filed suit against appellant, J. H. Wingo, to recover $2,700 as a 5 per cent commission on a $54,000 sale alleged to be due him by reason of appellee's efforts in procuring a purchaser for certain real estate. Appellee pleaded as follows:

"That prior to the first day of November, A.D., 1954, Defendant orally listed for sale with Plaintiff the below...

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