Radford v. McNeny

Mr. Judge Martin

delivered the opinion of the Commission of Appeals, Section B.

The parties litigant will carry here their trial court designation.

Plaintiffs sued defendant for breach of a contract to pay them a brokerage commission. Judgment was entered for defendant upon a peremptory instruction. The Court of Civil Appeals reversed this judgment. McNeny et al. v. Radford, 70 S. W. (2d) 824. The Supreme Court granted a writ of error upon the assignment questioning the validity of the contract sued upon because too indefinite and uncertain to be made the basis of a cause of action. The contract…