Cole v. Denton

This suit involves the right of a real estate broker to a commission for his services in procuring a purchaser for the sale of real estate. For convenience, the parties herein will be designated plaintiff and defendant as in the trial court.

Plaintiff complains of the action of the Court of Civil Appeals [20 S.W.(2d) 361] in holding that the trial court should have sustained defendant’s special exception to paragraph 5 of his second amended original petition, upon which the case was tried. The exception was that said paragraph of the petition set up a new cause of action which showed upon its…