Oregon Home Builders v. Montgomery Inv. Co.
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Department 1. This is an action by a real estate broker to recover a commission. The Oregon Home Builders, plaintiff, and the Montgomery Investment Company, defendant, are corporations. The plaintiff is engaged in the business of a real estate broker. The defendant owned a four-story brick building and the land upon which it stood in Portland.
Read the full summary
From Multnomah: William N. Gatens, Judge. Department 1. This is an action by a real estate broker to recover a commission. The Oregon Home Builders, plaintiff, and the Montgomery Investment Company, defendant, are corporations. The plaintiff is engaged in the business of a real estate broker. The defendant owned a four-story brick building and the land upon which it stood in Portland. On June 1, 1916, the defendant signed a writing which reads as follows: 1 ‘ To the Oregon Home Builders: “You are hereby employed and authorized to offer for sale or exchange and given the exclusive sale of the…
1Opinion of the CourtHarris, J.
1-4. The plaintiff contends that the findings labeled "findings of fact,” so far as they relate to Starr’s title to and ownership in the Clackamas County lands, are no more than conclusions of law; and that therefore they are insufficient to support the judgment. Where the parties to an action at law waive their right to a jury, the findings made by the trial judge who hears and decides the cause are in the nature of a special verdict; and hence since the standard fixed for a special verdict is also taken as the standard for the ‘ findings of fact, ’ ’ the trial judge must find the facts with…
2Cases cited48 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
- Fox v. RyanIllinois Supreme Court · 1909
- Glenn v. SavageOregon Supreme Court · 1887
- Roche v. SmithMassachusetts Supreme Judicial Court · 1900
43 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Woodard v. MordecaiSupreme Court of North Carolina · 1951
- Maeder Steel Products Co. v. ZanelloOregon Supreme Court · 1923
- Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
- Ash Park, LLC v. Alexander & Bishop, Ltd.Wisconsin Supreme Court · 2015
- Peoples v. PeoplesCourt of Appeals of North Carolina · 1971
21 more not listed; retrieve them via the Exa API.