{
  "id": 8717833,
  "name": "H. Dean Brown et ux v. Carl Lee",
  "name_abbreviation": "Brown v. Lee",
  "decision_date": "1967-03-13",
  "docket_number": "5-4149",
  "first_page": "122",
  "last_page": "124",
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      "type": "official",
      "cite": "242 Ark. 122"
    },
    {
      "type": "parallel",
      "cite": "412 S.W.2d 273"
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  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
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  "cites_to": [
    {
      "cite": "118 S. W. 2d 287",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "year": 1938,
      "opinion_index": 0
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    {
      "cite": "196 Ark. 209",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "year": 1938,
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      "cite": "3 S. W. 2d 49",
      "category": "reporters:state_regional",
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    {
      "cite": "176 Ark. 356",
      "category": "reporters:state",
      "reporter": "Ark.",
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  "last_updated": "2023-07-14T15:00:12.038660+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "H. Dean Brown et ux v. Carl Lee"
    ],
    "opinions": [
      {
        "text": "George Bose Smith, Justice.\nIn 1965 H. Dean Brown, a housebuilder, constructed a residence for W. J. Davis and his wife for a contract price of $20,192700. Thereafter Carl Lee, a real estate broker, brought this suit against Brown for $1,000.00, asserting that Lee had found the Davis job for Brown under an oral agreement by which Brown was to pay Lee a 5 per cent commission, upon any building contracts that Lee might obtain for Brown. Brown denied the existence of the oral agreement. That issue of fact was settled by the jury\u2019s verdict in favor of Lee, for $333.33. (That the amount of the verdict is not consistent with either party\u2019s theory of the case is unimportant. Fulbright v. Phipps, 176 Ark. 356, 3 S. W. 2d 49 [1928].)\nBrown, citing Elkins v. Nelson, 196 Ark. 209, 118 S. W. 2d 287 (1938), and other cases having to do with the sale of property, contends, that the oral agreement is within the statute of frauds and is therefore unenforceable. We are unable to say that the statute is applicable. Only two sections of the statute might be considered pertinent. One relates to contracts for the sale of goods at a price of $500 or more, Ark. Stat. Ann. \u00a7 85-2-201 (Add. 1961), but this agreement did not involve a sale of goods. The other relates to contracts for the sale of an interest in land, \u00a7 38-101 (Repl. 1962), but no such interest was affected by the oral contract between Brown and Lee.\nBrown also argues that Lee was acting as an employment agency without having obtained a license, as required by law. Ark. Stat. Ann. \u00a7 81-1001 (Repl. 1960). This argument is not well-founded. The statute defines an employment agency as one engaged in the business of furnishing employment or help or of giving informa-Seetion 81-1004. The same section defines an applicant tion about where employment or help may be secured, for employment as a person seeking work and defines an applicant for help as a person seeking help in any legitimate service. It is clear that a construction contract, by which a builder undertakes, to furnish labor and materials, is not the type of agreement falling within the province of an employment agency.\nUpon the record in this case we find no tenable basis for holding that the contract in question is invalid. The judgment must therefore be affirmed.",
        "type": "majority",
        "author": "George Bose Smith, Justice."
      }
    ],
    "attorneys": [
      "Eugene Coffelt, for appellant.",
      "Little & Enfield, for appellee."
    ],
    "corrections": "",
    "head_matter": "H. Dean Brown et ux v. Carl Lee\n5-4149\n412 S. W. 2d 273\nOpinion delivered March 13, 1967\nEugene Coffelt, for appellant.\nLittle & Enfield, for appellee."
  },
  "file_name": "0122-01",
  "first_page_order": 144,
  "last_page_order": 146
}