345 P.2d 432 | Utah | 1959
Appeal from a judgment on the pleadings dismissing plaintiff’s complaint. Reversed with instructions to vacate the judgment and proceed further. Costs to plaintiff.
Union Interchange, Inc., publishes a nationally distributed magazine devoted entirely to advertising real estate opportunities. Through an assignee, it sued defendants for the price of an ad ordered by them which was published for a stipulated fee. The ad was solicited by Union’s agent, and
Defendants urge that 1) Union’s agent was not licensed
“The term ‘real estate broker’ within the meaning of this chapter shall include all persons * * * who for another and for a fee * * * advertises * * * or assists or directs in the procuring of prospects * *3
When read as a whole the statutory interdiction appears to be directed against holding oneself out as a real estate broker, —not against the advertising business as such. Any other interpretation would pre-elude the publication of any home or other-real property interest, such as rentals, etc., in the classified ads of any local daily. In. our opinion it would wander from the real purpose of the real estate broker’s legislation that quite clearly looks to the protection of the public from dishonest or unscrupulous persons whose business is dealing in transactions whose objects are the consummation of real estate deals.
Our previous pronouncements in Anderson v. Johnson
The allegations of misrepresentation may be a separate but nonstatutory defense, if sustained.
. Sec. 61-2-1, Utah Code Annotated, 1953.
. Sec. 61-2-18, Utah Code Annotated, 1953.
. Sec. 61-2-2, Utah Code Annotated, 1953.
. 1945, 108 Utah 417, 160 P.2d 725, 167 A.L.R. 768.