Cole

This is defendant’s appeal, taken on the judgment-roll alone, in an action to recover a sum of money alleged to be due as real estate commissions under the terms of a written agreement entered into between appellant as seller and F. de la Guardia as buyer for the sale of appellant’s apartment house in Los Angeles.

A copy of the entire agreement is annexed to the amended complaint and is made a part of each of the two counts set forth therein, the particular provision of said agreement upon which respondents rely as the basis for the recovery of their commissions being inserted at the end of said agreement, immediately preceding the signatures thereto of the seller and the buyer, and reading as follows: “Commissions of $3400 to Cole Bros.”

Appellant contends that the provision mentioned does not meet the requirements of the sixth subdivision of section 1624 of the Civil Code, which provides that an agreement authorizing or employing an agent or broker to purchase or sell real estate for a commission is invalid unless the same or some note or memorandum thereof is in writing and subscribed by the party to be charged or by his agent; and that therefore neither count of said amended…