Where the answer alleged that the contract of employment was oral, and "barred and invalid by the provisions" of a statute declaring that "contracts for the employment of an agent to sell real estate for commissions are invalid unless in writing subscribed by the party to be charged," and plaintiffs have failed to show a written contract of employment, it was not error to permit defendant to amend his answer by changing the admission of the contract of employment into a denial of the same. Jamison v. Hyde, 141 Cal. 109, 74 P. 695. But see Strunski v. Geiger, 101 N. Y. S. 786, 52 Misc. 134. Sec. 699.