Lathem v. Kruse

OPINION

Opinion By

Justice MOSELEY.

Appellant Chester Lathem, a real estate broker, sued William R. Kruse and Walking T. Ranch, L.P. (collectively, the Kruse parties) 1 claiming an interest in the profits from the sale of a real estate development. The trial court granted the Kruse parties’ motion for summary judgment based on the statute of frauds provision of the Real Estate License Act (RELA). See Tex. Occ.Code ANN. § 1101.806(c) (Vernon 2004). On appeal Lathem asserts that provision does not apply here; alternatively, he asserts he raised a fact issue as to the affirmative defense of partial…