This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
Under Burns' Rev. Stat. 1901, Sec. 6629a, providing that no contract for the payment of any sum of money for commissions for procuring by one person of a purchaser of real estate of another shall be valid unless in writing, signed by the owner of the real estate, no recovery can be had on the common counts for selling real estate under oral employment therefor. Beahler v. Clark, 32 Ind. App. 222, 68 N. E. 613.
Where there was a special contract of employment of brokers to sell certain real property, they would not be entitled to recover for their services on the common counts, unless the agreement was executed and completed on their part, or they were prevented from completing the sale within the time limited in the contract for its completion. McGonigal v. Roughley (Del. Super. '06), 63 A. 801.
A real estate broker's commissions fully earned under an express contract may be recovered under the common counts, and the contract itself admitted in proof of the particulars of the general right so set up. Risley v. Beaumont, 71 N. J. L. 372, 59 A. 145; Lawrence v. Rhodes, 188 I11. 96, 58 N. E. 910; Tanner v. Clapp, 139 I11. App. 353; Edwards Coal Co. v. Rust & She!.
burne, 81 S. 567, - Ala. Sup. -; Morrison v. Jackson, 85 S. 573, - Ala. Sup. - .
Proof in the first instance that the plaintiffs were licensed real estate brokers is unnecessary to a recovery under the common counts for their commissions. Munson v. Fenno, 87 I11. App. 655.
 
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