Beebe

This is an action to recover a broker’s commission for a ■ sale of real property. Judgment went for plaintiff and the defendant appeals.

An act of the legislature passed in 1919 (Stats. 1919, p. 1252) created a state real estate department and provides for the issuance thereby of licenses to real estate brokers and real estate salesmen. Section 20 of the enactment denies to any broker or salesman the right to bring or maintain any action for the collection of commissions for sales of real property without alleging that he was duly licensed under the law at the time his cause of action arose. The statute has been held constitutional (Riley v. Chambers, 181 Cal. 589 [8 A. L. R. 418, 185 Pac. 855 ]).

[1] The agreement under which respondent claims to have earned his commission from appellant was made two months after the statute went into effect, but his amended complaint, upon which the action was tried, does not contain the allegation required by section 20. Appellant contends for a reversal of the judgment on the.ground that the pleading is defective in that respect.

The judgment is reversed and, as it is apparent from his brief that respondent cannot truthfully aver the…