Burke v. Scott

HUGHES, Justice.

Willis B. Burke, appellant, sued appel-lees, W. A. Scott and Joe Moulton, for the recovery of a commission on the sale of certain real estate located in Hudspeth County, Texas.

Appellant’s petition contained the allegation that at all pertinent times he was “a real-estate dealer with a real-estate' dealer’s license.”

Appellees denying this allegation requested a pretrial hearing on this issue. On such hearing appellant admitted he had no license as alleged, .and upon such admission the court found as a fact that appellant had no such license and rendered judgment that he take…