No. 12475.

545 S.W.2d 223 (1976)

Barney D. WELCH, Appellant, v. Gerald Glenn GAMMAGE, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied January 5, 1977.

Attorney(s) appearing for the Case

J. P. Darrouzet, Austin, for appellant, on appeal only.

H. Lee Godfrey, Graves, Dougherty, Hearon, Moody & Garwood, Austin, for appellee.

SHANNON, Justice.

This appeal concerns the right vel non of Gerald Glenn Gammage, a real estate salesman, to a payment in the nature of a commission from the sale of a 4.37-acre tract of land in Travis County.

Appellee, Gammage, sued appellant, Barney D. Welch, in the district court of Travis County for $8,905 as a commission and for attorney's fees. After trial to a jury, judgment was entered for Gammage for $11,904.

In his trial petition Gammage...

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