Texas Creosoting Co. v. Sims

COMBS, Justice.

This suit is for brokerage commission of 6 per cent, alleged to be due the plaintiff, Frank M. Sims, on a purchase of land, timber, and minerals by defendant, Texas Creosoting Company, from the Pickering Lumber Company. Plaintiff alleged a written contract for payment of the commission, and also a verbal contract.

This is the second appeal of this case. The former trial resulted in an instructed verdict in favor of plaintiff for the sum of $7,950 on the theory of a written contract. This court reversed the judgment on the ground that plaintiff could not recover under the alleged…