Moody v. Hurricane Creek Lumber Co.

This is an action on a contract in which plaintiff alleged that defendant agreed to pay him a commission of five percent of the sale price of defendant’s business if plaintiff would locate and refer a purchaser to whom the business was sold. Defendant’s answer to that complaint alleged that any such agreement is void because plaintiff was not licensed "to carry on professional real estate activity.” The case was tried before the court, without a jury. The trial court entered a judgment for plaintiff in the sum of $131,250. The Court of Appeals affirmed by an opinion which relied primarily…