Nature of the Case
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Facts
P contacted D by letter to inquire about selling D’s land. D responded by letter with a price, and that P had to add his commission to the price. The response letter does not refer to the original letter from P. P sold the land and then wanted to get paid. D refused. P sued and the trial court granted D summary judgment, and the court of appeals affirmed. P contends that both letters should be read together, which will than satisfy the statute. Section 28 of Article 6573a provides that no action shall be brought for the recovery of a commission for the sale or purchase of real estate unless the promise or agreement upon which the action is brought, or some memorandum thereof, shall be in writing and signed by the person to be charged or his lawfully authorized agent.
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