Sherman v. Clear View Orchard Co.
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Justice McBride. This is an action by G. E. Sherman against the Clear View Orchard Co., a corporation, to recover compensation for alleged services as sales manager of defendant corporation.
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From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Justice McBride. This is an action by G. E. Sherman against the Clear View Orchard Co., a corporation, to recover compensation for alleged services as sales manager of defendant corporation. The plaintiff, to sustain the issues on his behalf, offered evidence tending to show that the defendant, a corporation, owned a large tract of land in the State of Oregon, which it desired to sell in tracts for orchard purposes, and that early in the year 1911, at Portland, Oregon, the plaintiff entered into a parol contract with the…
1Opinion of the CourtJustice McBride
1. The first contention of defendant is that the contract disclosed by the foregoing statement is one for the sale of lands by an agent upon commission, and that, being wholly in parol, it is void, being within Section 808, subdivision 8, L. O. L., which provides that an agreement “authorizing or employing an agent or broker to sell or purchase real estate for compensation on a commission” shall be void, unless in writing, The question thus raised is an important one, and the concrete case here presented is so close to the line that it has been given more than ordinary consideration. "We have…
2Cases cited2 opinions
- Wilson v. MortonCalifornia Supreme Court · 1890
- State v. DalySupreme Court of New Jersey · 1894
3Cited by12 opinions
- Hall v. RankinArizona Supreme Court · 1920
- Cohen v. P. J. Spitz Co.Ohio Supreme Court · 1929
- Sorenson v. Brice Realty CompanyOregon Supreme Court · 1955
- Chelan Orchards v. OliveWashington Supreme Court · 1925
- Bryan v. MayoIndiana Supreme Court · 1919
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