Sutter

Judgment was entered for defendants following an order sustaining demurrer to plaintiff’s first amended complaint, referred to herein simply as the complaint.

Plaintiff was given leave to amend, but did not do so within the time allowed, and upon motion, the court entered judgment dismissing the action. From this judgment plaintiff appeals.

The complaint alleges that plaintiff was at all relevant times a licensed real estate broker, and that defendants employed him and authorized him to procure a contract to sell certain real estate to defendants as prospective purchasers. It alleges that the employment is evidenced by a deposit receipt, copy of which is made part of the complaint. The complaint further alleges that defendants orally promised to pay plaintiff $12,250 upon resale of the land by defendants or upon defendants’ subdividing the land. The complaint states that through the agency of plaintiff defendants did purchase the land and later sold it, but refused to pay any part of the $12,250 to plaintiff.

The complaint further alleges that in the agreement of sale between the sellers and defendants is contained the following paragraph: 1 ‘ 5. It is further agreed that no…