Puffer v. Badley
Oregon Supreme Court
From Multnomah: Calvin TJ. Gantenbein, Judge. Department 1. This is an action for money had and received by the defendant for the use of the plaintiff. The complaint is in the usual form, and the answer is a general denial. Upon stipulation' the case was tried by the court without a jury.
Read the full summary
From Multnomah: Calvin TJ. Gantenbein, Judge. Department 1. This is an action for money had and received by the defendant for the use of the plaintiff. The complaint is in the usual form, and the answer is a general denial. Upon stipulation' the case was tried by the court without a jury. The evidence discloses the following facts: The plaintiff, a widow, was the owner of certain business property on Washington Street in Portland, upon which there was a mortgage for $13,000. The property was assessed at $31,200. Being in financial straits, she was trying to sell this property, and the…
1Opinion of the CourtBenson, J.
1. Our attention is first called to the fact that the court admitted in evidence, over defendant’s objection, a written instrument which reads thus:
“For services rendered in the sale of my property located between 16th and 17th Street on Washington Street and more fully described as Number 531 on Alder Street and 528-528% and 530 on Washington Street in the City of Portland, State of Oregon, I hereby agree to pay to O. V. Badley the agent who sold said property to one J. R. Ellison the sum of Seven Hundred and Fifty ($750.00) Dollars and I hereby order and direct Geo. W. Gearhart the attorney…
2Cases cited4 opinions
- Muir v. KaneWashington Supreme Court · 1909
- Carrington v. SmithersCalifornia Court of Appeal · 1915
- Balfour & Garrette v. WorleyCalifornia Court of Appeal · 1910
- Williams v. BurdickOregon Supreme Court · 1912
3Cited by5 opinions
- Sherwood v. GerkingOregon Supreme Court · 1957
- Gantt v. HarperMontana Supreme Court · 1929
- Hay v. Pacific Tastee Freez, Inc.Oregon Supreme Court · 1976
- John Deere Plow Co. v. Silver Manufacturing Co.Oregon Supreme Court · 1926
- O'Day v. SpencerOregon Supreme Court · 1920