Merzbacher v. Kirk

MARTIN, Justice.

Appellee, Paul T. Kirk, plaintiff in the trial court, sued appellants, Charles Merz-bacher, Jr., and wife, Marguerite P. Merz-bacher, defendants, for collection of a real estate commission. On motion for summary judgment, appellee was granted a judgment in the sum of $562.50. Appellants perfected an appeal from this judgment and by four points of error assert that summary judgment was incorrectly granted the appellee. Appellants’ first point states that there were genuine issues of fact formulated by their controverting affidavit. Their second point, on which they rely…