MERZBACHER v. KIRK

No. 6408.

278 S.W.2d 544 (1954)

Charles MERZBACHER, Jr., et ux., Appellants, v. Paul T. KIRK, d/b/a Paul T. Kirk Real Estate, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied June 28, 1954.


Attorney(s) appearing for the Case

Allen Melton and Wayne Hancock, Dallas, for appellants.

Richard F. Loomis, Jr., Dallas, for appellee.


MARTIN, Justice.

Appellee, Paul T. Kirk, plaintiff in the trial court, sued appellants, Charles Merzbacher, Jr., and wife, Marguerite P. Merzbacher, 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...

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