Rem. and Bal. Code, Sec. 5289, providing that an agreement employing a broker to sell real estate for a commission shall be void unless in writing, only applies to contracts between a landowner and a broker employed to sell, so that brokers may make a valid oral contract between themselves to divide commissions from the sale of land. James v. Kehoe, 112 P. 19, 65 Wash. 281; Leigh v. Yancey, 120 P. 512, 67 Wash. 18; Orr v. Perky Inv. Co., 118 P. 19, 65 Wash. 281.

Where the conditions of a written contract for an exchange of properties were not performed, and the broker, to induce the carrying out of the contract, orally agreed to reduce his commission, and the contract was performed, the oral contract as to commissions was substantially performed, and the broker was entitled to recover, notwithstanding Rem. and Bal. Code, 5289. Leigh v. Yancey, 120 P. 512, 67 Wash. 18.

Where a broker, under contract to procure a purchaser of real estate, employed a third person to assist in procuring a purchaser for a share of commissions, and the third person showed another how he could make money by purchasing the property, and the broker sold the property to him, the right of the third person to recover his share of the commissions was established. Casey v. Richards, 101 P. 36, 10 Cal. App. 57.