55 Ind. App. 636 | Ind. Ct. App. | 1914
This is a suit by appellee against appellant to recover the value of certain services alleged to have been rendered. Prom a judgment in appellee’s favor for $100, appellant has appealed and assigned as the only error relied
The objections, other than those relating to the statute, are equally untenable, as clearly appears from a reading of the complaint and the decisions of our courts. Doney v. Laughlin (1912), 50 Ind. App. 38, 44, 94 N. E. 1027; Palmer v. Miller (1898), 19 Ind. App. 624, 626, 49 N. E. 975; Cox v. Peltier (1902), 159 Ind. 355, 356, 65 N. E. 6; Jenney Electric Co. v. Branham (1896), 145 Ind. 314, 324, 41 N. E. 448.
There was no error in overruling the demurrer to the complaint. Judgment affirmed.
Note.—Reported in 104 N. E. 606. As to what entitles a broker to a commission, see 28 Am. St. 546. As to the necessity that agent’s authority to purchase or sell real property be in writing to enable him to recover compensation for his services, see 44 L. R. A. 601; 9 L. R. A. (N. S.) 933. As to right of a real estate broker to recover commissions under an oral contract of employment where a statute requires a written contract, see 13 Ann. Cas. 977. See also 40 Cyc. 2839.