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PARKER v. SMITH

No. 3456.

325 S.W.2d 954 (1959)

J. L. PARKER, Appellant, v. B. M. SMITH, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied July 10, 1959.

Attorney(s) appearing for the Case

Paul Thorp, Dallas, for appellant.

Eades & Eades, Dallas, for appellee.

GRISSOM, Chief Justice.

J. L. Parker, a realtor, sold B. M. Smith's land and sued him for a commission. Smith filed a motion for summary judgment wherein he swore he had not executed any instrument in writing listing his land with Parker or agreeing to pay him a commission. He pleaded Section 28 of Article 6573a Vernon's Annotated Civil Statutes as a defense. By supplemental petition and affidavits Parker claimed Smith had waived the right to set up said statute as...

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