James Myers & Associates Inc. v. National Development Co.

DEVANY, Justice.

James Myers and Associates, Inc., James P. Myers and Thomas C. Walker (collectively “Myers”) appeal from a summary judgment against them in their suit against National Development Company (“NDC”) and Robert J. Sabinske for a fee under a brokerage contract. Myers contends, among other points of error, that there was evidence to support a genuine issue of a material fact as to whether NDC and Sa-binske waived the time limitation for performance under the contract. Because we hold that there was a genuine material fact issue as to whether such a waiver had occurred, we reverse…