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TAYLOR v. UNGER

No. 6429.

330 P.2d 965 (1958)

65 N.M. 3

Elden V. TAYLOR, d/b/a Elden Taylor, Realtor, Plaintiff-Appellant, v. Orlando R. UNGER and Nell R. Unger, his wife, Defendants-Appellees.

Supreme Court of New Mexico.

October 20, 1958.

Attorney(s) appearing for the Case

Paul E. Keefe, Albuquerque, for appellant.

Julian S. Ertz, Albuquerque, for appellees.

COMPTON, Justice.

Appellant, plaintiff below, appeals from an order dismissing his complaint in which he seeks to recover broker's commission for services rendered appellees.

The decisive question is whether the action is barred by reason of the provision of Section 70-1-43, New Mexico Statutes Annotated, which reads:

"Any agreement entered into subsequent to the first day of July, 1949 authorizing or employing an agent or broker to purchase or sell...

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