Morrill v. Barneson

Action by plaintiff, appellant herein, to recover a real estate broker’s commission for the sale of land under the provisions of a certain writing signed by defendant, respondent herein.

The complaint alleges two counts: The first is based upon the writing, the second upon a quantum meruit for the reasonable value of the service rendered to the defendant at his special instance and request in writing. Defendant interposed a general demurrer to the complaint which was sustained by the court without leave to amend. Judgment of dismissal followed, from which this appeal is taken. The only…