Parker v. Smith

GRISSOM, Chief Justice.

J. L. Parker, a realtor, sold B. M. Smith’s land and sued him for a commission. Smith filed a motion for summary-judgment wherein he swore he had not executed any instrument in writing listing his land with Parker or agreeing to pay him a commission. He pleaded Section 28 of Article 6573a Vernon’s Annotated Civil Statutes as a defense. By supplemental petition and affidavits Parker claimed Smith had waived the right to set up said statute as a defense and was estopped to do so. As grounds therefor he swore that he asked Smith for a written contract and Smith told him…