Legal Opinion

Gates v. Carbon Hill Coal Co.

District Court, W.D. Washington

Decided December 20, 1923No. 7964Published

At Raw. Action by B. E. Gates against the Carbon Hill Coal Company. On demurrer to amended complaint.

1Opinion of the Court

CUSHMAN, District Judge.

Defendant demurs generally to the amended complaint. Plaintiff, a real estate broker, sues to recover a commission claimed to be due on account of his securing a pur*592chaser who was ready, able, and willing to purchase certain timber from the defendant. The contract, alleged to be one of employment, provides:

“Carbonado, Wash., July 2, 1923. Mr. B. B. Gates, Seattle, Wash. — Dear Sir: We hereby grant you an option for ten days to purchase all the timber on sections 5, 8, 16, and 17, Twp. 18. N., R. 6 E. W. M., at a price of $3.50 per thousand, less a commission to you of…

2Cases cited3 opinions

  1. Axe v. TolbertMichigan Supreme Court · 1914
  2. De La Questa v. Armstrong Holdings Co.California Court of Appeal · 1920
  3. A. Magnus Sons Co. v. OreyCourt of Appeals for the Ninth Circuit · 1923

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