Frady v. May
Texas Court of Appeals
23 S.W.3d 558 (2000)
- Written by Rich Walter, JD
Facts
E. N. and Marsha Frady (defendants) signed a brokerage agreement by which they retained Bart May (plaintiff) to sell their farm in return for a 6 percent sales commission. Through his efforts, May located Bert Nichols, a ready, able, and willing buyer, and persuaded Nichols to sign a sale contract with the Fradys. Among its other provisions, the sale contract guaranteed May’s commission “on closing of this sale.” When Nichols could not comply with the sale contract’s financing provisions, he and the Fradys released each other from the contract and directly negotiated a second contract, without May’s knowledge or involvement. The second contract, which otherwise was nearly identical to the first sale contract, made no provision for May’s commission. May sued the Fradys for his commission when he learned that they had closed with Nichols under the second contract. The trial court ruled in May’s favor, and the Fradys appealed to the Texas Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Richards, J.)
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