Givens v. Dougherty

KILGARLIN, Justice.

The issue presented is whether a contract that is required to be in writing may be rescinded by oral agreement. Elmer W. Givens and William P. Dawson, doing business as United Farm Agency, filed suit against Harold Dougherty to collect a commission for the sale of real estate owned by Dougherty. Dougherty had sold the land in question through his own efforts and initiative, although he had given an exclusive listing agreement, in writing, to Givens and Dawson. Such listing agreement provided that even if Dougherty sold the land to a purchaser found by him, he would…