Orsdol v. Hutchcroft
Oregon Supreme Court
From Yamhill: Harry H. Belt, Judge. Action by T. L. Van Orsdol against B. J. Hutchcroft to recover commission alleged to he due on a real estate deal. From a verdict for the defendant, plaintiff appeals. Department 2. Statement by Mr. Justice Moore. This is an action to recover an alleged commission for negotiating an exchange of property.
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From Yamhill: Harry H. Belt, Judge. Action by T. L. Van Orsdol against B. J. Hutchcroft to recover commission alleged to he due on a real estate deal. From a verdict for the defendant, plaintiff appeals. Department 2. Statement by Mr. Justice Moore. This is an action to recover an alleged commission for negotiating an exchange of property. The complaint charges substantially that at all the times stated therein the plaintiff was a real estate broker; that in February, 1915, the defendant was the owner of a store and stock of goods, which he desired to sell or exchange, and for that purpose…
1Opinion of the CourtJustice Moore
1. Exceptions having been taken to parts of the court’s charge, it is maintained that errors were committed in instructing the jury as follows:
“(1) If you believe that whatever contract, if any, the plaintiff had, had to do with the sale of real property in addition to the sale of personal property, then your verdict should be for the defendant, for the reason that a contract, a broker’s contract, for the sale of real property, must be reduced to writing, must express a consideration, must be subscribed by the party to be charged. So the question in this ease is largely, what was the…
2Cases cited8 opinions
- State v. McDanielOregon Supreme Court · 1901
- State v. SmithOregon Supreme Court · 1903
- Farmers' National Bank v. WoodellOregon Supreme Court · 1900
- Lewis v. CraftOregon Supreme Court · 1901
- Donohoe v. Portland Railway Co.Oregon Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Denton v. ArnsteinOregon Supreme Court · 1952
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
- Howland v. Iron Fireman Mfg. Co.Oregon Supreme Court · 1949
- Snabel v. BarberOregon Supreme Court · 1931
- Burdick v. Tum-A-Lum Lumber Co.Oregon Supreme Court · 1919
3 more not listed; retrieve them via the Exa API.