H. B. Owen v. Ray Hendricks

This suit was brought by H. B. Owen, petitioner, against Ray Hendricks, respondent, to recover a real estate dealers commission. Respondent filed a motion for summary judgment, urging: (1) that the description of the land in the written memorandum he signed is not sufficient to satisfy the requirements of Section 28 of Article 6573a; and (2) that the memorandum does not contain a promise or agreement to pay any particular commission. His motion was sustained by the trial court, and the Court of Civil Appeals affirmed. 426 S.W.2d 955. We think the first ground urged in the motion for summary judgment is sound, and the judgment of the Court of Civil Appeals is accordingly affirmed.