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.
Where a real estate broker's employment contract is void in the state where made, because not signed by both parties, it is void everywhere, and no subsequent agreement or act based on it can give it validity. Osborne v. Dannatt, 149 N. W. 913, 167 Iowa, 615.
An agreement that in case of sale to S, in accordance with contract of a certain date entered into between him and C, of 578 acres of land, located in a certain county, there would be due, etc., was, in effect, a promise to pay for past services, not controlled by Rem. Code 1915, Sec. 5289, excepting agreements authorizing brokers to sell realty, if in writing. Henneberg v. Cook, 175 P. 313, - Wash. Sup. - .
Under Rev. Stat. 1913, Sec. 2628, providing that every contract of brokerage shall be void unless in writing, contracts not in writing are not "void," but merely "voidable" or unenforceable for want of evidence which the statute requires. Miles v. Lampe, 168 N. W. 640, - Neb. Sup. - .
 
Continue to: