Casey v. Oldham

MARTIN, Justice.

On January 21, 1952, an opinion was rendered herein affirming the judgment of the trial court. Appellant duly filed his motion for rehearing and in such motion, as in the original cause, presents a somewhat unusual proposition. As a basis for recovery of a broker’s commission, appellant pleaded a realty sales contract as constituting a written memorandum of his parol brokerage contract. This sales contract was drawn for execution by five persons named as owners but was signed by only two of such named owners. Although only the two parties executing the sales contract could be…