Brice v. Eastin

OPINION

REEVES, Justice.

This is an appeal from the granting of a directed verdict in favor of Chester D. Eas-tin. The sole issue is whether appellant, Charles Brice, a real estate broker, complied with the statute of frauds applicable to real estate commissions. TEX.REV. CIV.STAT.ANN. art. 6573a, § 20(b) (Vernon Supp.1985).

In February, 1981, Brice learned that Eastin had a ranch for sale. Brice telephoned Eastin and discussed the sale of the property. Brice testified that he told Eas-tin he was in the real estate business, and his commission fee, if he procured a buyer, was five percent. Brice…