Culp v. Browne
Court of Appeals of Texas
Appeal from Wichita Oounty Court; J. B. Hatchitt, Judge. Action by George T. Browne and another against A. W. Culp and W. E. Reynolds, as partners. Judgment for plaintiffs, and defendant Culp appeals, the cause as to Reynolds having been dismissed.
1Opinion
On Motion for Rehearing.
[1] Appellees have filed .their motion for rehearing, in which they call our attention to the fact that, under the terms of the contract between plaintiffs and defendants below, plaintiffs were not required to show that they were the procuring cause of the sale of the property listed, but only that they were “instrumental in the sale.” The appellees concede that this distinction was not stressed in their original brief, and, as the trial court found that plaintiffs were the “procuring cause” of the sale, the facts that plaintiff assumed a less burden in this case than…
2Cases cited3 opinions
- Black v. WilsonCourt of Appeals of Texas · 1916
- Kurtz v. Payne Investment Co.Supreme Court of Iowa · 1912
- Gardner v. EldridgeMissouri Court of Appeals · 1910