Firpo

Action to recover a broker’s commission. The complaint recites that defendants became indebted to plaintiff’s assignors, Rucker & Tarp, a copartnership, in the sum of $770 for and as a commission for the securing of a lease of a certain apartment house.

The complaint was demurred to upon the ground that it did not sufficiently appear therefrom whether at the time the alleged cause of action arose, plaintiff’s assignor or its salesman, who handled the transaction, were duly licensed under and pursuant to the provisions of the act of the legislature regulating such brokers and salesmen, approved May 22, 1919. (Stats. 1919, p. 1252, amended in 1921; Stats. 1921, pp. 1294, 1295.)

The demurrer was overruled.

Defendants answering denied specifically the allegations of the complaint and as a second defense alleged on in formation and belief that neither plaintiff’s assignor nor its salesman, who it is alleged rendered the entire services, had a registered license to transact business under or pursuant to the act mentioned.

Judgment went in favor of plaintiff, and defendants appeal.

It is admitted that a tenant was obtained and a lease executed. As ground for reversal, however,…