Maxwell v. Frazier
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Justice Eakin. The plaintiff, I. N. Maxwell, desiring to sell certain real estate situated in Salem, Oregon, in the month of February, 1906, contracted with the defendant, P. L. Frazier, as a real estate agent, to find for him a purchaser for said property, at the price of $2,650, for the agreed compensation to Frazier of $50, and about the same time made a similar contract with defendant, Fred Hurst.
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From Marion: George H. Burnett, Judge. Statement by Mr. Justice Eakin. The plaintiff, I. N. Maxwell, desiring to sell certain real estate situated in Salem, Oregon, in the month of February, 1906, contracted with the defendant, P. L. Frazier, as a real estate agent, to find for him a purchaser for said property, at the price of $2,650, for the agreed compensation to Frazier of $50, and about the same time made a similar contract with defendant, Fred Hurst. The latter, however, alleges, and the trial court found, that the compensation to him was not fixed by the contract, but was to be the…
1Opinion of the CourtJustice Eakin
1. Defendant Hurst first contends that this is not a proper case for interpleader; and this contention must be sustained if it has not been waived. “It is essential *186to the right to file the bill that there be two or' more claimants to the fund in dispute capable of interpleading and settling the matter between themselves:” 23 Cyc. 5. The issues must be between the defendants as to their right to the same specific thing or fund, and not an issue with the plaintiff as to separate claims against him. Mr. Justice Wolverton, in North Pac. Lum. Co. v. Lang, 28 Or. 246, 258 (42 Pac. 799, 803: 52 Am.…
2Cases cited20 opinions
- Reynes v. DumontSupreme Court of the United States · 1889
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Lewis v. CocksSupreme Court of the United States · 1874
- O'Hara v. ParkerOregon Supreme Court · 1895
- White v. LaddOregon Supreme Court · 1902
15 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Newsum v. Interstate Realty Co.Tennessee Supreme Court · 1925
- Moore v. McAllisterCourt of Appeals of Maryland · 1958
- Klaber v. Maryland Casualty Co.Court of Appeals for the Eighth Circuit · 1934
- Bowsman v. AndersonOregon Supreme Court · 1912
- Nicholas v. Title & Trust Co.Oregon Supreme Court · 1916
23 more not listed; retrieve them via the Exa API.