Legal Opinion

Lewis v. Popejoy

Indiana Court of Appeals

Decided June 20, 1919No. 9,954Published

From Wells Circuit Court; William II. Eichhorn, Judge. Action by Harry E. Popejoy and others against. Sam Lewis and another. From a judgment for plaintiffs, the defendants appeal.

1Opinion of the CourtMcMahan, J.

Appellants owned a farm of eighty acres, which they desired to exchange for a smaller one. They engaged appellees, who were real estate brokers, to find an owner of a small farm who would exchange farms with appellants. The only question for our determination is: Must contracts of this character to be in writing in order to bind the owner of the *591real estate for the payment of a commission? If so, this canse mnst be reversed; otherwise affirmed.

It was held in Elmore v. Brinneman (1919), ante 222, 123 N. E. 248, that §7463 Burns 1914, Acts 1913 p. 638, applied to a contract of this character,…

2Cases cited1 opinion

  1. Elmore v. BrinnemanIndiana Court of Appeals · 1919

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