Barry v. French

The question is, May a realtor’s sub-agent sue the realtor’s principal for commission on a transaction where the realtor made no claim on his own account because the sale was not completed?

W. P. Gulley was engaged by Mrs. O. F. French to rent or dispose of her real property in Little Rock, she being a resident of Texas. Gulley contracted with appellant Barry to find a buyer for the south half of lot 9, block 82. Agreement between Gulley and Barry was that a commission would be paid appellant if he succeeded in procuring a buyer. Barry transmitted an offer for M. iB. Moore to Gulley. Moore, in…