American, Inc. v. Bishop

An agreement, contract, or promise authorizing or employing an agent or broker to sell or purchase real estate for compensation or a commission is void unless such agreement, contract, or promise, or some note or memorandum thereof, be in writing, signed by the party to be charged therewith or his agent. Rem. Rev. Stat., § 5825 [P.P.C. § 577-3], with particular reference to subd. (5) thereof.

An oral promise to pay such a commission is involved in the present case. Appellants, who were licensed real-estate brokers, contend that their action is not upon the void promise but is an action for…