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NEECE v. A.A.A. REALTY CO.

No. A-6952.

322 S.W.2d 597 (1959)

Jas. F. NEECE, Petitioner, v. A.A.A. REALTY CO., Inc., Respondent.

Supreme Court of Texas.

Rehearing Denied March 25, 1959.

Attorney(s) appearing for the Case

Nelson, Montgomery, Robertson & Sellers, Wichita Falls, for petitioner.

House, Mercer & House, James D. Cunningham, San Antonio, for respondent.

NORVELL, Justice.

This is an action for damages resulting from the alleged breach of a real estate listing agreement. The contract which is the subject matter of this litigation reads as follows:

This Court has heretofore considered this particular contract. Upon the first trial of the case the District Judge rendered a summary judgment for the defendant, Jas. F. Neece, and against the plaintiff,

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