Silverberg

Plaintiff brought an action in the court below to recover the sum of $1,000 in which sum he alleged the defendant had become indebted to him “for services rendered by plaintiff as a realty salesman.” The defendant denied that he had become indebted to plaintiff for such or any services in any amount. There was no allegation that the plaintiff had ever procured a license as a real estate salesman. Judgment founded upon findings which are also silent upon the point was rendered for plaintiff in the sum of $750 and the defendant appeals therefrom upon the judgment-roll maintaining that the complaint fails to state a cause of action.

Section 20 of what is commonly known as the Real Estate Brokers’ Act (Deering’s General Laws, 1923, p. 25) reads as follows: “No person, copartnership or corporation engaged in the business or acting in the capacity of a real estate broker or a real estate salesman within this state shall bring or maintain any action in the courts of this state for the collection of- compensation for the performance of any of the acts mentioned in section two hereof without alleging and proving that such person, copartnership or corporation was a duly licensed real…