Heyman v. Stopper

The opinion of the court was delivered by

Voorhees, J.

This is an appeal from the Second District Court of Newark. The point raised is that the statute of frauds, with reference to a reai estate broker’s commissions, does not permit a recovery by the agents under the facts set forth in this case.

The statute of frauds was undoubtedly an act for the benefit of real estate owners. It provides that “No person selling land for the owner shall be entitled to commissions unless (a) the authority for selling is in writing, signed by the owner; (b) the authority of the broker to make a sale is…