Kaufman v. Hastings
Oregon Supreme Court
From Multnomah.: Robert Tucker, Judge. Department 1. On November 6, 1916, the defendant was the owner of the lot known as No. 680 East Harrison Street in the City of Portland, Oregon, and the plaintiff was the owner of a lot numbered 1608 Arch Street, in the City, of Berkeley, California.
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From Multnomah.: Robert Tucker, Judge. Department 1. On November 6, 1916, the defendant was the owner of the lot known as No. 680 East Harrison Street in the City of Portland, Oregon, and the plaintiff was the owner of a lot numbered 1608 Arch Street, in the City, of Berkeley, California. After making an examination of each other’s property they agreed to an exchange of the realty and executed a written contract by which the defendant agreed to assume an encumbrance of $5,000 on the Berkeley property, which was otherwise to be free and clear of any lien or charge. The plaintiff in turn was to…
1Opinion of the CourtJohns, J.
The contract provides that “the deeds and other conveyances necessary to complete this transaction will be executed and exchanged within fifteen days from date,” and that “in the event the real estate agent or agents demand a commission in excess of two hundred ($200.00) dollars, it is hereby mutually agreed that if a satisfactory adjustment of such commission cannot be effected, this agreement may be declared canceled and of no effect.” Before the contract was executed a personal examination of the respective properties was made by each party. At that time the plaintiff, who was the owner of…
2Cases cited2 opinions
- MacLeod v. MoranCalifornia Supreme Court · 1908
- Wright v. Astoria Co.Oregon Supreme Court · 1904
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