Legal Opinion

Hartman v. Selling

Oregon Supreme Court

Decided May 18, 1920PublishedCited by 2 opinions

From Multnomah: Calvin U. Gantenbein, Judge. Department 1. This is an action to recover a commission on the sale of land. The May Land Company, a corporation, owned a tract of land, embracing 725 acres, located about one mile east of the limits of the City of Portland.

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From Multnomah: Calvin U. Gantenbein, Judge. Department 1. This is an action to recover a commission on the sale of land. The May Land Company, a corporation, owned a tract of land, embracing 725 acres, located about one mile east of the limits of the City of Portland. Emanuel May owned a majority of the shares of stock in the May Land Company, and the extent of his stock ownership was such that, if the land sold for $295,000, his share of the purchase price would amount to $184,000. Emanuel May was the president'of the May Land Company. May was anxious to bring about a sale of the land, and…

1Opinion of the CourtHarris, J.

1. The plaintiffs, it will be recalled, paid $5,000 for the option, and the purchase price was fixed at $295,000, making a total of $300,000. The plaintiffs transferred their beneficial interest in the land for an expressed consideration of $330,000. However, the plaintiffs did not actually receive $330,000 from the Parkrose Association; but they were reimbursed the amount paid for the option and also the amount of the first installment, totaling $50,000; and in addition the plaintiffs received $30,000. The plaintiffs were engaged by the Park-rose Association to act as selling agents, and for…

2Cases cited3 opinions

  1. Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918
  2. Cranston v. West Coast Life InsuranceOregon Supreme Court · 1912
  3. Riner v. Southwestern Surety Ins.Oregon Supreme Court · 1917

3Cited by2 opinions

  1. Stark v. State Industrial Accident CommissionOregon Supreme Court · 1922
  2. Gwaltney v. Pioneer Trust CompanyOregon Supreme Court · 1948

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