Dracopoulas v. Rachal

POPE, Justice.

The question presented is whether a real estate broker may recover commissions for a sale of real estate under a written listing agreement that was orally changed during the term of the written contract so that the time for performance was indefinitely extended, and the contract’s listing provision was changed from exclusive to non-exclusive. The defendant seller urged that these changes created a contract that was partly in writing and partly oral in violation of The Real Estate License Act, art. 6573a, § 28, Vernon’s Ann.Tex.Civ.St. The trial court rendered judgment upon a…