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HERVEY v. PASSERO

No. 08-81-00289-CV.

648 S.W.2d 344 (1983)

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

Court of Appeals of Texas, El Paso.

Rehearing Denied March 16, 1983.

Attorney(s) appearing for the Case

Elizabeth Rogers, John B. Luscombe, Jr., J. Morgan Broaddus, III, Peticolas, Luscombe & Stephens, El Paso, for appellants.

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

Before STEPHEN F. PRESLAR, C.J., and WARD and OSBORN, JJ.

Appellants' Rehearing Denied March 16, 1983.

OPINION

OSBORN, Justice.

This appeal is from a judgment based upon a jury verdict awarding damages to a real estate agent for breach of an "exclusive agency to sell"1 contract. We modify the trial court's judgment and as modified, the judgment is affirmed.

On March 28, 1978, Fred Hervey, Trustee, as owner of the O.A. Danielson Survey 310, which was described as containing...

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