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GIVENS v. DOUGHERTY

No. C-2820.

671 S.W.2d 877 (1984)

Elmer W. GIVENS and William P. Dawson d/b/a United Farm Agency, Petitioners, v. Harold DOUGHERTY, Respondent.

Supreme Court of Texas.

Rehearing Denied July 18, 1984.

Attorney(s) appearing for the Case

Jennings, Dies & Turner, Jess N. Turner, III, Graham, for petitioners.

Bobby Joe Mann, Mineral Wells, for respondent.

KILGARLIN, Justice.

The issue presented is whether a contract that is required to be in writing may be rescinded by oral agreement. Elmer W. Givens and William P. Dawson, doing business as United Farm Agency, filed suit against Harold Dougherty to collect a commission for the sale of real estate owned by Dougherty. Dougherty had sold the land in question through his own efforts and initiative, although he had given an exclusive listing agreement, in writing, to Givens...

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