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:
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