Shapiro v. Canada

The opinion of the court was delivered by

Trenchard, J.

This is an appeal from a judgment rendered by the judge of the District Court, sitting without a jury, in an action brought by the plaintiff-respondent, a broker, against the defendant-appellant, to recover commissions for the sale of real estate of the latter.

We are of the opinion that the judge erred in holding that the memorandum upon which the action is based complied with the statute of frauds, and, consequently, in finding for the plaintiff. -

The memorandum is as follows:

“May 1, 1924.

The undersigned agrees to pay a commission of 3%%…