Lewis v. Smith

SPEER, Justice.

Plaintiffs H. F. Smith and T. E. Hill sued defendant J. M. Lewis in a district court of Wichita County, Texas, to recover commissions or brokerage alleged to be due them under a written listing contract between them and defendant Lewis. The parties will bear the same designation here as in the trial court.

Plaintiffs alleged that they were licensed real estate brokers, and took from defendant a contract of listing, and agency in language as follows:

“H. F. Smith, Wichita Falls, Texas, January 10, 1946.

“I or we, for and in consideration of your listing the property described on…