benefits to defendant immaterial. Where a petition, in an action by a real estate agent to recover commissions, fails to show a written contract as required by statute, the fact that the plaintiff alleges that defendant received the benefit of his services and therefore can not be relieved of his liability to pay for the same, is immaterial. Covey v. Henry, 71 Neb. 118, 98 N. W. 434; Smith v. Aultz, 78 Neb. 453, 110 N. W. 1015. Sec. 648. Petition setting forth incomplete copies of unsigned letters as contract demurrable. Where a petition sets forth letters alleged to have been written to the parties, and to have created the necessary written contract between the owner of the land and the broker, but does not purport to give full copies, and neither is there any allegation that the letters were signed, the petition is subject to demurrer. David Bradley v. Bower (Neb. Supreme '04), 99 N.W. 490. See Sec. 1079.