Cunningham v. Friendly
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Department 2. Statement by Mr. Justice Eakin. This is an action by A. A. Cunningham against J. C. Friendly, to recover commissions on sale of real estate. The amended complaint sets out the contract with the defendant as follows: “Contract.
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From Multnomah: William N. Gatens, Judge. Department 2. Statement by Mr. Justice Eakin. This is an action by A. A. Cunningham against J. C. Friendly, to recover commissions on sale of real estate. The amended complaint sets out the contract with the defendant as follows: “Contract. “Portland, Oregon, April 29, 1910. “To Cunningham & Gray: “For and in consideration of one dollar ($1.00), the receipt of which is hereby acknowledged, we hereby appoint you exclusive agent to make sale of the real property herein described as lots 7 and 8 of block 153, of the City of Portland, at 5th and…
1Opinion of the CourtJustice Eakin
1. The questions raised on the appeal are included in the motion for judgment of nonsuit; the controversy being whether or not the abstract furnished by the defendant was a “complete abstract of title,” as contracted. There is no effort to question defendant’s title to the property, but only the sufficiency of the abstract tendered. A good abstract should show a synopsis of the data as to the title which, when verified, will establish it. It must contain a reference to all conveyances, transfers or other facts relied upon as evidence of the title, but need not contain the evidence. See Jaeger…
2Cases cited2 opinions
- Thornburn v. DoscherUnited States Circuit Court · 1887
- Jaeger v. HarrOregon Supreme Court · 1912
3Cited by12 opinions
- Sheehan v. McKinstryOregon Supreme Court · 1922
- Henry S. Grinde Corporation v. KlindworthNorth Dakota Supreme Court · 1950
- Ferry v. Spokane, Portland & Seattle Railway Co.Supreme Court of the United States · 1922
- Weygandt v. BartleOregon Supreme Court · 1918
- Woolsey v. DraperOregon Supreme Court · 1921
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