Baker v. Gillan

This action was brought by Baker against Gillan to recover the sum of $100 claimed to be due as a land agent’s commission. It appearing from the petition that the alleged contract of agency was not in writing, the court held that the facts pleaded did not constitute a cause of action and gave judgment on the merits in favor.of the defendant.

The only question suggested by the petition in error and discussed in the briefs is whether an oral agreement like the one upon which plaintiff relies is valid and enforceable. The first section of the act of 1897 (Session Laws, 1897, p. 301), is as…