Harper v. Davis

Hale Davis and Seay-Cranfill Company, a corporation, sued N. M. Harper for a 5 per cent, commission on a sale by Harper to the Texas & Pacific Railway Company of certain lands in Dallas for $100,000. The case was submitted to a jury on one special issue, in answer to which they found that plaintiffs were the procuring cause of such sale, and the court rendered judgment for plaintiffs for $5,000, from which the defendant has appealed.

At the close of the evidence the defendant, Harper, asked for an instructed verdict in his favor on two grounds: First, that no contract of employment of Davis by…