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MID-SOUTH MORTGAGE CO. v. BARTMESS

No. 14933.

419 So.2d 89 (1982)

MID-SOUTH MORTGAGE COMPANY, Plaintiff-Appellant, v. George BARTMESS, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

August 17, 1982.

Attorney(s) appearing for the Case

Traylor & Kramer by Chet D. Traylor, Winnsboro, Lensing, Gravel, Nelson & Rosenzweig by James L. Nelson, New Orleans, for plaintiff-appellant.

Smith, Taliaferro, Seibert, Boothe & Purvis by Leo Boothe, Jonesville, Samuel T. Singer, A Professional Law Corp. by Johnny R. Boothe, Winnsboro, for defendant-appellee.

Before MARVIN, FRED W. JONES, Jr. and NORRIS, JJ.

MARVIN, Judge.

In this action on a promissory note given to a mortgage broker as a commission for procuring a loan commitment for the defendant-maker, the broker appeals a judgment rejecting its demands.

The record supports the conclusion that the commission was not "earned" in the sense that the note was executed without "cause" or consideration. See Seymour v. Franek, 5 So.2d 394 (La. App. Orl. 1942); LRS 10:3-408, La. C.C. Arts. 1893, 1896-1900....

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