Piatt & Heath Co. v. Wilmer

The Piatt & Heath Company brought action to recover a commission on the sale price of a house theretofore listed with it for sale by written contract signed by the defendant Clifford J. Wilmer, and thereafter sold by the owner.

The complaint filed alleged that the plaintiff company was a corporation “engaged principally in the purchase, sale and rental of real estate, and as agent and factor in the handling thereof”; it did not allege that the plaintiff was licensed to act as a real estate broker. The defendant interposed a general demurrer to the complaint which was “submitted to and by the…