Gittelson

Plaintiff filed this action to recover fees claimed to have been earned in the negotiation of the sale of defendant’s real estate. He alleges in his complaint “that the defendant employed the plaintiff herein as her agent to negotiate a sale or secure a purchaser for the premises . . . described as lot 8, block 52, etc.” Then follow the allegations customary in actions of this kind prior to the enactment of the Real Estate Broker’s Act of 1919. In the answer defendant denies these allegations and in addition thereto sets forth that she was induced to sign the contract with plaintiff by duress. There is no allegation in the complaint that plaintiff was “a duly licensed real estate broker or real estate salesman at the time the alleged cause of action arose”; nor is there any reference to this matter in the answer. The trial court found in favor of plaintiff on all the issues set up in the pleadings, and the findings, like the pleadings, are silent on the question of plaintiff’s license Judgment having been rendered in favor of plaintiff, the defendant presented a motion to vacate the judgment, to amend the conclusions of law so as to provide that defendant is entitled to judgment,…