Christman

This action was brought to recover on a promissory note executed by defendant corporation to one Baltor and by him assigned to the plaintiff. As a defense to the action defendant alleged that the amount of the note was the compensation which it agreed to pay Baltor, a real estate broker, for his services in an exchange of certain real estate; that the complaint failed to allege that Baltor was a duly licensed broker at the time the cause of action arose, and consequently, under the provisions of section 2'0 of the Real Estate Brokers’ Act (Stats. 1919, p. 1252), the action could not be maintained.

The case was tried, and the proofs show that Baltor, for an agreed commission represented by the note, and pursuant to a written authorization, exchanged certain real estate owned by defendant, and also, that when the exchange was made and the cause of action arose he was a duly licensed real estate broker. The court found accordingly and a judgment was entered for the plaintiff, from which the defendant has appealed.

In an action to recover compensation for the sale or exchange of real estate a complaint which fails to allege that the person acting as a broker in the transaction was…