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HERVEY v. PASSERO

No. C-2094.

658 S.W.2d 148 (1983)

Fred HERVEY and Fred Hervey, Trustee, Petitioners, v. Walter G. PASSERO, Individually and d/b/a Walter G. Passero Associates, Respondent.

Supreme Court of Texas.

July 13, 1983.

Attorney(s) appearing for the Case

Peticolas, Luscombe & Stephens, John B. Luscombe, Jr. and J. Morgan Broaddus, III, El Paso, for petitioners.

Jack Ratliff, Terry Wyrick and Kathleen C. Anderson, El Paso, for respondent.

PER CURIAM.

This is a suit by Walter Passero, a real estate broker, against Fred Hervey, as Trustee, to recover a commission under an exclusive real estate listing agreement. The jury found, among other findings, that Passero was damaged in the amount of $316,875 and that reasonable attorney's fees were $39,125 for trial, $5,000 for appeal to the court of appeals, and $5,000 for an appeal to this Court. Based on these findings, the trial court awarded Passero $356...

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