Cram

Appeal by the plaintiff from a judgment entered in favor of defendant.

As foundation for his suit plaintiff alleged the making of an oral contract under which defendant agreed to pay to plaintiff and one Norris a sum of money. The trial judge found all of the facts in favor of plaintiff, but as a conclusion of law determined that the contract was void because it was in violation of subdivision 6 of section 1624 of the Civil Code, that being one of the subdivisions of the statute of frauds. In the section referred to it is provided that certain contracts are invalid unless some note or memorandum thereof is in writing and subscribed by the party to be charged or his agent, including: 6. “An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission.” We quote from the findings of fact:

The findings further recite that no writing had been made evidencing the contract, and that payment of the amount of plaintiff’s claim had been demanded and refused. A further finding appeared as to the assignment of the interest of Norris to this plaintiff.

It is the contention of the appellant that the contract as made was not a…