Miller v. Adonizio

Opinion by

Mr. Justice Schaffer,

Plaintiff brings this action to recover a commission or royalty of ten cents a ton upon coal mined. Defendant filed an affidavit of defense raising questions of law, contending that in the transaction declared on plaintiff was a real estate broker within the terms of the Real Estate Brokers License Act of May 1, 1929, P. L. 1216, as amended, 63 PS Sec. 431 et seq., and not averring that he had a license, as required by the act, he cannot maintain his suit, as he is prohibited from so doing by section 16 (63 PS Sec. 446) of the statute. The court below declined…