EVANS v. PRUFROCK RESTAURANTS, INC.

No. 05-87-01017-CV.

757 S.W.2d 804 (1988)

Dwain EVANS and Houston Southwest Corporation, Appellants, v. PRUFROCK RESTAURANTS, INC., Gene Street and Phillip Cobb, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied October 3, 1988.


Attorney(s) appearing for the Case

Nancy M. McCoy, Glickman & Barnett, Houston, for appellants.

Alan S. Loewinsohn, Andrew G. Jubinsky, Dallas, for appellees.

Before STEPHENS, HECHT and KINKEADE, JJ.


STEPHENS, Justice.

Evans appeals from a grant of summary judgment which denies him the right to a finder's fee based on an oral contract. The trial court found that real estate was sold and, therefore, the Real Estate License Act was controlling. The trial court held that the contract had to be in writing so as to conform to the Statute of Frauds provision of the Act in order for Evans to collect his fee. We disagree and, accordingly, reverse and remand.

Mr...

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