Parks v. Underwood

(dissenting).. It may, be that where, as here, a specified time is set in which to effect a sale, the stipulation as to time must be complied with to entitle the land broker to his commission. 7 Texjur.,, Sec. 35, p. 419; 27 A.L.R.2d 14565. But I feel certain that this oral extension made prior to expiration of the written listing, is not such an agreement as is required to be in writing under terms of section 22, art. 6573a, V.A.C.S.; nor is it unenforceable perforce of art. 3995, V.A. C.S., — Statute of Frauds.

Section 22, supra, reads in part: “No action shall be brought in any court in…