Svoboda v. De Wald

In this action plaintiffs seek to recover judgment on a contract for real estate commission. Issues were joined. At the beginning of the trial, the defendant objected to the introduction of any evidence on the ground that the petition did not state a cause of action for the reason that the relief sought was based on an oral contract within the statute of frauds. The trial court sustained the objection. Plaintiffs elected not to plead over. The trial court dismissed the action. Plaintiffs appealed.

We reverse the judgment of the trial court and remand the cause for further proceedings.

In…