Taggart v. Hunter
Oregon Supreme Court
From Multnomali: Henry E. McGinn, Judge. Statement by Mr. Justice Benson. This is an action by J. W. Taggart against J. N. Hunter and William Staats to recover a broker’s commission on a sale of real estate. Defendants appeal from a judgment on a verdict for $4,500 in favor of plaintiff.
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From Multnomali: Henry E. McGinn, Judge. Statement by Mr. Justice Benson. This is an action by J. W. Taggart against J. N. Hunter and William Staats to recover a broker’s commission on a sale of real estate. Defendants appeal from a judgment on a verdict for $4,500 in favor of plaintiff. The complaint alleges that the defendants employed the plaintiff to procure purchasers for certain timber lands, and agreed to pay him a reasonable compensation therefor; that he procured the purchasers; that $5,000 is a reasonable compensation; that $500 was paid thereon and no more. All of these allegations…
1Opinion of the CourtJustice Bean
The errors assigned relate principally to the sufficiency of the evidence under the statute of frauds and to the admission of oral evidence, which the defendants maintain was barred by Section 808, subdivision 8, L. O. L. From the bill of exceptions it appears that upon the trial plaintiff testified to a verbal employment of himself to sell the lands. Upon objection being made counsel for plaintiff stated that a writing had been given, but was lost, offered to prove the contents thereof, and introduced evidence tending to show that *142the memorandum had been mislaid and could not be found. The…
2Cases cited14 opinions
- Johnston v. WadsworthOregon Supreme Court · 1893
- Church v. . BrownNew York Court of Appeals · 1860
- Sorenson v. SmithOregon Supreme Court · 1913
- Crosby v. Portland Ry. Co.Oregon Supreme Court · 1909
- Taylor v. TaylorOregon Supreme Court · 1909
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Craswell v. BiggsOregon Supreme Court · 1938
- Commercial Credit Corp. v. MardenOregon Supreme Court · 1936
- Oregon Home Builders v. CrowleyOregon Supreme Court · 1918
- Johnson v. Homestead-Iron Dyke Mines Co.Oregon Supreme Court · 1920
- Richter v. DerbyOregon Supreme Court · 1931
6 more not listed; retrieve them via the Exa API.