Dean W. Lewis, and v. Kenneth Kellner

Paramount Land Company of Phoenix, Arizona, as a broker, apparently arranged a sale of Nevada land to Kellner, defendant-appellant, by Wilbur Clark of Las Vegas and others. Paramount was to get a commission of $24,000 from the sellers. Paramount seems to have received $12,462.50 in cash and to have taken a fourth deed of trust from Kellner, the buyer for $11,537.50. This adds up to $24,000. (Apparently the security is now worthless and this suit is by Lewis, an assignee but not a holder in due course, against Kellner.)

Defendant asserts he does not have to pay because Paramount was an unlicensed broker in Nevada and such brokers, under Nevada law, cannot collect. Lewis, plaintiff, must contend that Paramount got its full $24,000 and just loaned its money, $11,537.50, back to Kellner, the buyer. (The documents would indicate that Paramount received only $12,462.50 in cash and that the $11,-537.50 was a bookkeeping transaction so far as money was concerned.)

Summary judgment was granted apparently on the basis of admissions of defendant and his failure to admit answers to some questions. But we conclude the documents of the transaction itself show genuine issues of fact when put…