Mitchell-Morris & Co. v. Samaras

Plaintiff sued on an oral agreement for a 5 per cent, commission upon the sale of defendant’s restaurant business, fixtures and good will. At the conclusion of plaintiff’s proofs defendant moved for a directed verdict on the ground that the oral agreement to pay a commission (denied in its entirety by defendant) was void under the statute of frauds (CL 1948, § 566.132 [Stat Ann 1947 Cum Supp § 26.922]) because the sale included an “inte rest in real estate;” viz., a lease for a term of years, citing Hannan Real Estate Exchange v. Traub, 217 Mich 162. The trial court reserved decision under…