Clutter v. Rose

The suit is by appellee, a real estate agent, to recover commissions on the sale by him of 60 acres of land, owned by appellant, to J. W. Sinclair. The sale was effected April 10, 1921. The suit was instituted on June 13,, 1922. The plaintiff filed his first amended original petition on September 5, 1923. The defendant excepted to the amended petition as showing that the cause of action was barred by the statute of limitations of two years. The trial court held that the plea of limitation was not applicable.

The proposition stated in the appellant’s brief is in effect that the original…