Where an owner of real property sued defendant for fraud in preventing an exchange as her broker, it was not material whether defendant's contract was in writing, under Burns's Ann. St. 1908, Sec. 7463. Bragg v. Egan, 98 N. E. 835, 51 Ind. App. 513; Maul v. Cole, 144 N. W. 247, 94 Neb. 714; Stewart v. Preston, 137 P. 993, 77 Wash. 559.