Security State Bank of Pearsall v. Burton

HICKMAN, O. J.. The Security State Bank of Pearsall, appellant, sued W. H. Burton, appellee, to recover the sum of $1,240, which it alleged was retained by appellee out of the sale price of a tract of land owned by appellant in Comanche county, and which was sold by appellee as agent or broker for appellant. In a trial before the court without the aid of a jury, judgment was rendered that appellant take nothing by its suit, and this appeal followed.

During the year 1925 appellant listed the land for sale with appellee at $40 per acre, with the agreement that appellee should be paid a…