Mitchell v. Teague
Mitchell v. Teague
Opinion of the Court
This was a suit by appellee against appellant individually and as executor of the estate of his deceased father for commissions on a real estate deal. Appellant and his mother were joint executors. Appel-lee, as a real estate broker, under a contract with appellant found a purchaser for an oil lease on 25 acres of land belonging to the estate, who was able, ready, and willing to take the lease and pay for it on the terms stipulated by appellant. Individually and as executor, appellant promised and bound himself to pay appellee $10 per acre for his services for selling the lease. He also contracted that all the parties interested in the land would join in the execution of the lease. His mother and his brothers and sisters refused to consummate the sale, and he joined them in leasing the land to other parties. As we understand the record, there is no controversy as to the facts. Under instructions fromj the court, the jury returned a verdict for appellee.
Appellant presents numerous assignments against the instructed verdict, but we believe, on the facts of this record, the proposition of law just announced is decisive of all issues against appellant.
The judgment of the trial court is therefore in all things affirmed.
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Reference
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- Mitchell v. Teague.
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