130 S.W. 610 | Tex. App. | 1910
Appellant instituted this suit against the appellees to recover commissions for services alleged to have been rendered by him in the sale of certain land situated in Jones County. Appellees owned about thirty-three hundred acres and the sale was finally consummated by them with one George W. Birchfield, the sale in a large part consisting of an exchange of lands. Birchfield in the sale was represented by one, Patterson, as an agent. The jury in obedience to a peremptory instruction by the court returned a verdict for appellees and judgment was entered accordingly.
It was shown that one of the appellees listed their land with appellant for sale and promised the payment of a commission, but we nevertheless conclude that the judgment must be affirmed because of the undisputed proof that, prior to the sale of the lands mentioned, appellant and the said Patterson, the agent of Birchfield, without the knowledge or consent of either of the appellees, agreed between themselves to jointly share in the commissions to be received by the respective agents from their respective principals, and that appellant in fact did so receive one-half of the commissions paid to Patterson by his principal after deducting certain expenses incurred by Patterson in the matter. See 19 Cyc., p. 228; Armstrong v. O'Brien,
Appellant insists, however, that he was employed only to find a purchaser and that he did nothing further than this, the principals themselves finally agreeing upon terms and completing the transaction, citing among others the cases of Alvord v. Cook,
Affirmed.