Elser v. Putnam Land & Development Co.
Court of Appeals of Texas
Error from District Court, Callahan County; Thomas L. Blanton, Judge. ■ Action by Max Elser against the Putnam Land & Development Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the CourtConner, C. J.
Max Elser prosecutes this writ of error complaining of a judgment against him in a suit that he instituted against defendant in error to recover real estate commissions alleged to be due upon the written contract declared upon. By the terms of the contract the development company employed Elser as its' exclusive agent to sell certain lots of land in the town of Putnam, agreeing to pay him 20 per cent, of the proceeds realized upon all sales by whomsoever made during the life of the contract. The contract contained a stipulation that:
If Elser should fail “to diligently, industriously and…
2Cases cited1 opinion
- Cleburne St. Ry. Co. v. BarnesCourt of Appeals of Texas · 1914
3Cited by20 opinions
- Modern Woodmen of America v. YanowskyCourt of Appeals of Texas · 1916
- Gonzales v. FloresCourt of Appeals of Texas · 1918
- International & G. N. Ry. Co. v. BartekCourt of Appeals of Texas · 1915
- City of Ft. Worth v. AshleyCourt of Appeals of Texas · 1917
- Hulen v. IvesCourt of Appeals of Texas · 1926
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