Hughes v. McCullough
Oregon Supreme Court
From Baker : Robert Eaeiin, Judge. This is an action by M. S. Hughes against H. E. McCullough to recover a commission as a real estate broker.
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From Baker : Robert Eaeiin, Judge. This is an action by M. S. Hughes against H. E. McCullough to recover a commission as a real estate broker. It is averred in the complaint, in substance, that about July 1, 1900, the defendant gave plaintiff the exclusive right to sell a certain tract of land which the former then owned in Baker County, and agreed to pay him five per cent of the purchase price if he could procure a purchaser who would give $3,000 therefor, the defendant reserving the right to sell it for not less than that sum ; that about July 14, 1900, and while said contract was still in…
1Opinion of the CourtJustice Moobe
The court instructed the jury that “If there was a contract between the plaintiff and the defendant whereby plaintiff was to have the privilege of selling defendant’s land at $3,000, and was to have five per cent commission on such sale, but reserving to defendant the right to himself sell, provided he should not sell for less than $3,000, and pursuant to that agreement plaintiff did procure a purchaser to defendant ready, able, and willing to purchase at a price and on terms satisfactory to .the defendant, defendant not having himself sold the land, then plaintiff would be entitled to his…
2Cases cited10 opinions
- Woodward v. O. R. & N. Co.Oregon Supreme Court · 1890
- Olds v. CaryOregon Supreme Court · 1886
- Nickum v. GastonOregon Supreme Court · 1893
- Wells v. ApplegateOregon Supreme Court · 1885
- Drake v. SwortsOregon Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Godvig v. LopezOregon Supreme Court · 1949
- Tonseth v. Portland Ry., L. & P. Co.Oregon Supreme Court · 1914
- First National Bank v. McDonaldOregon Supreme Court · 1902
- Graham v. Corvallis & E. R. Co.Oregon Supreme Court · 1914
- Latourette v. MeldrumOregon Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.