Niemann v. Severson

The facts briefly stated are as follows : The plaintiff is a real-estate broker and had an exclusive contract for the sale of certain property owned by Vern C. Pfanku. ' The defendant is also a real-estate broker and had a purchaser for the premises covered by plaintiff’s contract. On September 14, 1943, the defendant, in the presence of the owner, orally agreed with the plaintiff to pay the plaintiff one third of the commission if he were successful in procuring a sale, and as evidence of the understanding between the parties, the defendant executed and signed the following memorandum :

“I…