Patterson

Action by real estate broker to recover commissions for negotiating a sale and exchange of real property valued at $20,000.

Judgment went for plaintiff, from which, and an order denying his motion for a new trial, defendant appeals.

It appears from the allegations of the complaint and findings of the court that defendant, after making an unsuccessful attempt to negotiate an exchange of his property with one Charles H. McFarland, signed and delivered to plaintiff a writing as follows:

And thereupon, as alleged and found by the court, requested plaintiff to see Mr. McFarland in regard to making the exchange. As requested by defendant, plaintiff saw McFarland and procured from him an acceptance of the offer made by defendant to plaintiff, in accordance with which the sale and exchange were consummated.

While upon the record there can be no doubt as to the fact that plaintiff performed valuable services at defendant’s oral request, nevertheless, the law is too well settled to admit of controversy that there can be no recovery of compensation therefor, in the absence of some note or memorandum in writing subscribed by the defendant, whereby plaintiff was employed or authorized to…