Connor v. Riggins

Broker—Contract op Employment—Pleading as Writing.—Where the owner of real estate, after negotiating without success with a broker for his employment, files a complaint in an action against a third person wherein he alleges that the broker had been employed as agent, this does not constitute a writing within section 1624 of the Civil Code requiring the authority of real estate brokers to be written.

Id.—Exchange op Properties—Failure op Title—Commissions.—A broker who is entitled to commissions only in ease an exchange of properties is consummated cannot recover commissions where he procures a person to make a contract for the exchange of properties who cannot perform because of want of title. To consummate the exchange means to bring it to completion.