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Owen v. Hendricks

Supreme Court of Texas
433 S.W.2d 164 (Tex. 1968)


H.B. Owen (plaintiff) was a real estate agent. He wrote a letter on October 7, 1965, to Ray Hendricks (defendant) asking if Hendricks’s “960 acres in Dallam County” were for sale and offering to sell the land for him. On October 11, 1965, Hendricks wrote a letter to Owen stating that his “960 acres in Dallam County” were for sale and that if Owen sold the land for a certain price, he would get a commission. The letter from Hendricks, although apparently in response to the letter from Owen, does not refer to the letter from Owen. The land sold and Owen brought suit to recover the commission. Hendricks moved for summary judgment. The trial court granted the motion. The Texas Court of Civil Appeals affirmed. Owen appealed. Owen admitted that the letter from Hendricks was not, by itself, sufficient to describe the land that was sold under the statute of frauds. However, Owen argued that the two letters should be read together to constitute a memorialization of the parties’ agreement because they clearly refer to the same transaction.

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