Thompson v. English

Citations

• 76 Wash. 23
• 135 P. 664
• 1913 Wash. LEXIS 1780

Syllabus

<p>Frauds, Statute of — Pleading—Necessity. Where the complaint in an action for a broker’s commission does not set out the contract or disclose that it was within the statute of frauds, the defendant may raise the point at the trial without having demurred, or pleaded in his answer that the contract is within the statute and void.</p> <p>Frauds, Statute of — Broker’s Commissions — Sufficiency of Writing. A contract for a broker’s commission for the sale of “seventy-nine acres” in a specified section, cannot be applied to any definite property without resort to parol testimony and is therefore not sufficient, under the statute of frauds requiring the contract to be in writing.</p>