Holmes v. Holik

MONTEITH, Chief Justice.

Appellant, O. W. Holmes, d/b/a O. W. Holmes Realty Company, brought this action in the County Court at Law of Harris County for recovery from appellee, John Holik, Jr., of the sum of $650.00, alleged to be due him under a written contract of listing as a 5% brokerage fee for the sale of appellee’s property.

The instrument sued on, referred to by the parties as a listing contract, is a card containing printed words with blanks to be filled in by the parties. The printed portion contains appellant’s name — indicating that the card was prepared for appellant’s use. Some of…