DICKEY v. BIRD

No. 7232.

366 S.W.2d 859 (1963)

Ted R. DICKEY d/b/a Ted R. Dickey Company, Appellant, v. Richard D. BIRD, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied April 1, 1963.


Attorney(s) appearing for the Case

Gibson, Ochsner, Harlan, Kinney & Morris, Amarillo, for appellant.

Williams, Broughton & Forbis, Childress, for appellee.


CHAPMAN, Justice.

This is an appeal from a summary judgment granted by the trial court.

Ted R. Dickey d/b/a Ted R. Dickey Company sued Richard D. Bird for recovery of a real estate broker's commission alleged to be due him for the sale of the El Rancho Motel in Childress, Texas.

Appellee Bird pleaded Section 28 of Article 6573a V.T.C.S. as a bar to recovery, which article provides in part as follows:

"No action shall be brought in any court...

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