Ogden v. Yates' Estate

BAUGH, Justice.

Suit by J. H. Ogden and J. C. Renfro, real estate brokers, against the executors of the estate of Ira G. Yates, and Frank Miller, also a real estate broker, for 5% commission on the sale by said Yates estate to J. M. West of 42,369 acres of land in Brewster County, Texas. The allegations were that appellants were the procuring cause of the sale, but that because of the fraud of Miller, the sale was closed through him. Trial was to a jury, but at the close of plaintiffs’ evidence, the court instructed a verdict for defendants, and rendered judgment accordingly; hence this appeal.