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ALBRITTON v. HENRY S. MILLER CO.

No. 20378.

608 S.W.2d 693 (1980)

John W. ALBRITTON, III, Appellant, v. HENRY S. MILLER COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied October 21, 1980.

Attorney(s) appearing for the Case

Robert W. Caston, Caston & Stone, Hurst, for appellant.

Ronald L. McKinney, Hoppenstein & Prager, Dallas, by Richard O. Faulk, Dallas, for appellee.

Before AKIN, CARVER and STOREY, JJ.

STOREY, Justice.

Defendant John W. Albritton, III, appeals from a summary judgment granted plaintiff Henry S. Miller Co. The suit arose out of a contract for the sale of land under the terms of which defendant, the buyer, was obligated to pay plaintiff a broker's commission. At closing of the contract of sale defendant and plaintiff agreed in writing to defer payment of the commission, but in all other respects the contract was closed in accordance with its terms...

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