Elmer W. Givens and William P. Dawson D/B/A United Farm Agency v. Harold Dougherty

The issue presented is whether a contract that is required to be in writing may be rescinded by oral agreement. Elmer W. Givens and William P. Dawson, doing business as United Farm Agency, filed suit against Harold Dougherty to collect a commission for the sale of real estate owned by Dougherty. Dougherty had sold the land in question through his own efforts and initiative, although he had given an exclusive listing agreement, in writing, to Givens and Dawson. Such listing agreement provided that even if Dougherty sold the land to a purchaser found by him, he would nevertheless owe a commission. Dougherty claimed the listing agreement had been mutually orally rescinded, and a jury concurred. There was no contention that the listing agreement would not have been enforceable but for the allegation of oral rescission. There was no contention of the involvement of equitable considerations. The judgment of the trial court was in favor of Dougherty, denying the commission. The court of appeals affirmed. 663 S.W.2d 88. We reverse the judgments of the courts below and render judgment in behalf of Givens and Dawson.