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ELMORE v. WILEY

No. 17757.

478 S.W.2d 137 (1972)

Harry G. ELMORE, Appellant, v. Joseph WILEY et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 30, 1972.

Attorney(s) appearing for the Case

Wm. Andress, Jr., Andress & Woodgate, Dallas, for appellant.

Dewey M. Dalton, Dalton, Moore, Forde, Joiner & Stollenwerck, J. Richard Whittington, Bill C. Hunter, Hunter, Greenfield & Allen, Dallas, for appellees.

GUITTARD, Justice.

This suit was brought by Harry Elmore, a real estate broker, to recover a commission for procuring the sale of a Holiday Inn from The Chimney Rock Company to Joseph Wiley. No written listing agreement was signed, but seller and buyer signed a written contract of sale which was never consummated. The broker sued both seller and buyer for the commission, and the trial court granted summary judgment in favor...

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