Wade v. Austin

RAY, Justice.

This is a suit for a realtors commission based upon an exclusive listing agreement, plus attorney’s fees. Appellee (plaintiff) Jac A. Austin, d/b/a Jac A. Austin Co., Realtors, a duly licensed Texas real estate broker, brought suit against Jim Wade and wife, Madeline H. Wade, appellants (defendants) to recover a realtors commission of six per cent of the sales price of the property and attorney’s fees under Article 2226, Vernon’s Tex.Rev.Civ.Stat.Ann. plus interest at the rate of six per cent per an-num from October 24, 1972.

The trial court determined as a matter of law that the…