Slotboom v. Simpson Lumber Co.
Oregon Supreme Court
From Multnomah.: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by W. L. Slotboom against the Simpson Lumber Company, a corporation, to recover money.
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From Multnomah.: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by W. L. Slotboom against the Simpson Lumber Company, a corporation, to recover money. The original complaint charges in effect that on December 12,1911, the defendant, a corporation, by a written instrument, employed the plaintiff, a real estate broker, to sell for it about 460 lots in North Bend, Oregon, according to the plat thereof, stipulating to pay him 5 per cent of the sum realized if he secured a purchaser who was ready, able and willing to pay $90,000 for the property. That…
1Opinion of the CourtJustice Moore
It is contended by defendant’s counsel that the amended complaint, averring the original written instrument was modified by a subsequent oral agreement, reducing the price demanded for a sale of the lots and extending the time in which to secure a purchaser of the premises, did not state facts sufficient to constitute a cause of action; and, this being so, errors were committed in receiving-, over objection and exception, testimony tending to substantiate such allegation and in refusing to grant a judgment of nonsuit, after the plaintiff had introduced his evidence in chief and rested.
1. The…
2Cases cited5 opinions
- Zeimer v. AntisellCalifornia Supreme Court · 1888
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Sorenson v. SmithOregon Supreme Court · 1913
- Hardy v. SheedyOregon Supreme Court · 1911
- Watson v. BrooksOregon Supreme Court · 1884
3Cited by16 opinions
- Hunter v. CunningOregon Supreme Court · 1945
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
- Cranston v. West Coast Life Ins.Oregon Supreme Court · 1914
- Howland v. Iron Fireman Mfg. Co.Oregon Supreme Court · 1949
- Scott v. HubbardOregon Supreme Court · 1913
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