The opinion
THE COURT.
The application for a hearing in this court, after decision in the district court of appeal of the third appellate district, is denied.
In denying the application, we deem it proper to say that we are not prepared to hold that subdivision 6 of section 1624 of the Civil Code is not applicable in the case of a simple contract between a real estate agent or broker and a proposed purchaser to obtain an option for the purchase of real estate *461 by the purchaser. The opinion clearly shows that this was in substance a joint venture on the part of plaintiff and defendant for the sale of real property of a third party, and the distribution of the profits between them. The district court of appeal was clearly right in concluding that subdivision 6 of section 1624 of the Civil Códe does not extend to agreements between brokers to co-operate in making sales for the sake of the commission or profits and that this substantially was such a case.