Kost v. Lancaster

COLEMAN, Justice.

This is a suit by a licensed agent for a real estate broker’s commission. After a trial to a jury a judgment was entered for the defendant.

The most interesting question for decision in this case is whether the unconditional promise to pay a commission to the agent contained in the contract for sale can be enforced by the agent where the sale is not completed.

Appellant was employed by appellee to negotiate the sale of certain real estate. No written contract was executed listing the property with appellant. However, as a result of his efforts appellee entered into a contract…