H. T. D. Investment Corp. v. Reeves
H. T. D. Investment Corp. v. Reeves
Opinion of the Court
H. T. D. Investment Corporation has appealed from a judgment in a nonjury trial in favor of appellee Lester Reeves for $600 held to be due as a brokerage fee.
The court concluded that the contract was valid and enforceable and had been fully performed by appellee, therefore appellant was liable.
In five points on appeal appellant asserts in substance that the court erred in finding that the performance of appellee was fully satisfactory to appellant, and erred in concluding that appellant was liable under the terms of the contract.
The testimony in some particulars is conflicting. Two of appellant’s officers testified that they agreed to pay appellee a brokerage fee of one per cent, but that they agreed to pay only one fee of one per cent; that in order to close the loan they were required to pay a closing fee of one per cent to the insurance company, of which fact ap-pellee was well aware; and that to pay ap-pellee also a brokerage fee of one per cent would be in violation of their agreement that they would pay only one fee of one per cent.
Appellee’s testimony supports the findings and conclusions of the court. Appel-lee’s position is that the payment by appellant to the insurance company, the lender, of a closing fee of one per cent in no way affects appellant’s agreement to pay him a one per cent brokerage fee for obtaining the loan. Appellant’s check was by its terms made payable to the insurance company, not to appellee.
It is undisputed that appellee did obtain the loan for appellant.
Since there was evidence to support the court’s findings they are binding on this court. Willson v. Johnston, 404 SW.2d 870 (Tex.Civ.App., Amarillo, 1966); Northwestern Distributors, Inc. v. City of Fort Worth, 377 S.W.2d 783 (Tex.Civ.App., Fort Worth, 1964, no writ. hist.).
The judgment of the trial court is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.