Gates v. Carbon Hill Coal Co.

(after stating the facts as above). Section 5825, 2 Rem. Comp. Stats, provides as follows:

“In the following cases specified in this section, any agreement, contract and promise shall be void, unless such agreement, contract or promise, or some note or memorandum thereof, be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized, that is to say: * * * (5) An agreement authorizing or employing an agent or broker to sell or purchase real estate for compensation or a commission.”

The sufficiency of the above memorandum to satisfy the…