Legal Opinion · Dissent

Harris v. Dunn

New Mexico Supreme Court

Decided August 9, 1951No. 5342Published

1DissentLujan, Chief Justice

In my opinion this case is not ruled by our decision in Mitchell v. Allison, 51 N.M. 315, 183 P.2d 847, handed down two years prior to the enactment of the Act in question. Prior to 1949 an agreement authorizing or employing an agent or broker to purchase or sell real estate for a commission or compensation did not have to be in writing as is now required by law. We there held that contracts for the employment of an agent or broker to buy or sell, real estate were not regarded as within the operation of the English statute of frauds for the reason that they were not included therein. However,…

2Cases cited18 opinions

  1. Lewis v. United StatesSupreme Court of the United States · 1876
  2. Stromerson v. AverillCalifornia Supreme Court · 1943
  3. Baugh v. DarleyUtah Supreme Court · 1947
  4. McCarthy v. LoupeCalifornia Supreme Court · 1882
  5. Carkonen v. AlbertsWashington Supreme Court · 1938

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