Lewis v. Popejoy

Decided June 20, 1919

Indiana Court of Appeals · decided 1919-06-20

<p>Brokers. — Beal Estate Brokers. — Exchange of Lands. — Commissions. — Necessity of Written Contract. — Statute.—Under §7463 Burns 1914, Acts 1913 p. 638, a real estate broker cannot recover a commission for his services in bringing about an exchange of land unless he has a contract with his employer in writing.</p>

Relies on Elmore v. Brinneman

Reversed · Decided 1919-06-20

McMahan, J.

¶1Appellants owned a farm of eighty acres, which they desired to exchange for a smaller one. They engaged appellees, who were real estate brokers, to find an owner of a small farm who would exchange farms with appellants. The only question for our determination is: Must contracts of this character to be in writing in order to bind the owner of the *591real estate for the payment of a commission? If so, this canse mnst be reversed; otherwise affirmed.

¶2It was held in Elmore v. Brinneman (1919), ante 222, 123 N. E. 248, that §7463 Burns 1914, Acts 1913 p. 638, applied to a contract of this character, and that the broker could not maintain an action for his commission unless the contract was in writing.

¶3The court erred in its conclusions of law. Cause reversed, with direction to the court to restate its conclusions of law in favor of appellants, and to render judgment accordingly.