Holland

Plaintiff by his complaint sought to state two causes of action: First, that defendant listed, by a written contract or memorandum subscribed by defendant, his property with plaintiff’s assignors, who were real estate brokers, and agreed to pay plaintiff’s assignors for their services in negotiating a sale thereof the sum of nine hundred dollars, alleging that pursuant thereto they did procure such customer and did negotiate a sale and exchange of the property in pursuance of said employment. Nonpayment was alleged, and the assignment of the cause of action to plaintiff. The second cause of action in substance declares upon the same written employment and listing of the property, but alleges an agreement thereby to pay the reasonable value of their services, which reasonable value is alleged to be nine hundred dollars. The assignment of this cause of action is also alleged and the nonpayment. The complaint was verified, as was the answer, in which it was denied that there was any listing of the property with plaintiff’s assignors; denied that any written contract, note, or memorandum was subscribed by defendant for such listing, or for any other purpose or at all; denied that they…