Spalding v. Bennett

THOMPSON (R. L.), J.

This is an appeal from a judgment for broker’s commissions for procuring a fifty-year lease of real property.

The complaint contains two counts, the first of which is based upon an alleged oral promise to pay a specified sum for services for procuring the lease, while the second count claims compensation upon a quantum meruit. The transaction is not within the provisions of the statute of frauds, since it was neither an agreement to purchase nor sell real estate, which, in the absence of a memorandum in writing, is prohibited by section 1624 of the Civil Code and section…