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SALE v. CONTRAN CORPORATION

No. 17925.

486 S.W.2d 161 (1972)

Jim S. SALE, Appellant, v. CONTRAN CORPORATION, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied October 26, 1972.

Attorney(s) appearing for the Case

Roy C. Coffee, Jr., Coffee, Coffee & Chantilies, Dallas, for appellant.

D. Marshall Simmons, H. Robert Powell, Jenkens, Spradley & Gilchrist, Dallas, for appellee.

GUITTARD, Justice.

Jim Sale, a securities broker, sued Contran Corporation for a fee of $130,000 on an acquisition of stock which was never completed. The trial court rendered summary judgment denying recovery, and the broker appeals. We affirm on the ground that the broker's contract made the fee contingent on a "purchase," which never occurred.

The contract is evidenced by a letter dated April 16, 1969, from plaintiff Jim Sale to Harold Simmons, president...

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