Smith v. Pazen

Appellant brought suit to recover brokerage on a contract for exchange of properties in West New York and Ramsey, New Jersey. The contract provided: “It is understood and agreed that E. O. Smith, broker, of 494 Jackson -avenue, Jersey City, N. J., is the broker who consummated this exchange, and the respective parties hereby agree to pay the said E. O. Smith the regular brokerage commission on their respective properties as per prices mentioned in this agreement.”

The appellees moved to strike- out the complaint upon the ground that it did not comply with the statute of frauds in that the rate…