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McGLOTHLIN v. BURKETT

No. 4748.

518 S.W.2d 252 (1974)

Roy McGLOTHLIN, Appellant, v. Claude BURKETT, Appellee.

Court of Civil Appeals of Texas, Eastland.

November 15, 1974.

Attorney(s) appearing for the Case

Paul W. Leech, Behan & Leech, Grand Prairie, for appellant.

Forrest W. Wagner, Pettigrew, Buckley & Wagner, Grand Prairie, for appellee.

WALTER, Justice.

Claude Burkett recovered judgment against Roy McGlothlin for a commission on a real estate sale. McGlothlin has appealed and asserts four points of error, three of which relate to the alleged error of the court in failing to grant his motion for an instructed verdict.

It appears from the motion for an instructed verdict that it was made after the appellee rested his case. The record before us does not show that a second motion

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