Sallack v. Freeman

Stewart, District Judge.

Action, upon agreed facts, to recover broker’s commissions for exchange of real estate.' Plaintiff recovered, and defendants appeal.

Both parties, concede in their briefs that the only ques*300tion involved is the right of a broker to recover commissions for the exchange of real estate, without having had a contract as provided by section 2628, Rev. St. 1913, which reads as follows:

“Every contract for the sale of lands, between the owner thereof and any broker or agent employed to sell the same, shall be void unless the contract is in writing and subscribed by the owner of…