Bradford v. Laffey

OPINION OF THE COURT BY

WHITING, J.

The plaintiff brought his action against defendant to recover commissions for negotiating a sale of defendant’s land, on .•an alleged oral promise of defendant to pay him 5% on the" price paid.

*464Tbe defendant pleaded tbat this agreement or contract, was witbin tbe Statute of Frauds and must be in writing. Tbe District Magistrate sustained tbe plea and plaintiff appeals to tbis court.

Tbe District Magistrate erred in sustaining tbe plea. “Tbe suit is not brought upon a contract for tbe sale of real estate, but upon a contract to procure a purchaser, which is…