Devereaux v. Cockerline

1, 2. As stated, the controlling question is whether the contract is one of partnership or real estate brokerage. If the former, it was valid against both Mr. and Mrs. Cockerline if both were parties to it, even though not in writing, for it is the law in this state that a valid contract of partnership for the purpose of speculating in real estate may be made by parol. Page-Dressler Co. v. Meader, 118 Or. 359, 367,244 P. 308; Huson v. Portland Southeastern Ry. Co., 107 Or. 187,208, 211 P. 897, 213 P. 408; Flower v. Barnekoff, 20 Or. 132,138, 25 P. 370, 11 L.R.A. 149. If the latter, it was…