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LINDALE REALTY v. WEARY

No. 4623.

417 S.W.2d 436 (1967)

LINDALE REALTY, Appellant. v. Mrs. R. R. WEARY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 27, 1967.

Attorney(s) appearing for the Case

Carey Williams, Houston, for appellant.

Ira P. & Elliot W. Jones, Houston, Murfee, Hoover & Kraft (Karl E. Kraft), Houston, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal by plaintiff from a summary judgment for defendant, in a suit for a real estate commission.

Plaintiff Lindale Realty sued defendant Weary for damages for breach of an exclusive real estate listing contract. The trial court sustained defendant's motion for summary judgment because the realty was defectively described in the listing agreement.

The listing agreement follows:

"Listing...

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