Carmack v. Beltway Development Co.

GUITTARD, Chief Justice.

Beltway Development Company, a real estate broker, sued Eugene C. Carmack for commissions due under a written commission agreement. The trial court rendered judgment for Beltway. On this appeal Car-mack contends that the commission agreement fails to contain a description of the property sufficient to comply with the statute of frauds applicable to real estate commission agreements, TEX.REV.CIV.STAT. ANN. art. 6573a, § 20(b) (Vernon Supp. 1985). We affirm on the ground that the doctrine of part performance renders the section 20(b) statute of frauds inapplicable.

Carmack…