OPINION
FONES, Justice.
This is a suit to recover a real estate commission of three percent of the sales price of a house and lot. Plaintiffs, John and Mary Tackett, were real estate brokers and partners doing business as Farm and Home Realty and Auction, and Stephen Odum was an affiliated broker employed by that firm. Defendant, Jerry W. Mullins, was "a building contractor engaged in the home building and construction business with offices and sales properties...
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