Legal Opinion

Fisk v. Waite

Oregon Supreme Court

Decided January 26, 1909Published

From Lane: Lawrence T. Harris, Judge. This is a suit for specific performance by H. H. Fisk against Anderson Waite, Emma Waite, and the First National Bank of Eugene. From a decree in favor of defendants, plaintiff appeals.

1Opinion of the Court

Opinion by

Mr. Chief Justice Moore.

This is a suit to enforce the specific performance of a contract to convey real property. The facts are that the defendant Anderson Waite, being the owner of 320 acres of land in Lane County, on October 2, 1905, by a writing, appointed E. T. Maher to sell the property, and stipulated that, if he secured a purchaser who would pay $10 an acre for the premises, a commission of 10 per cent would be given for that service. Maher on October 20, 1906, executed to the plaintiff, H. H. Fisk, a written option to purchase the land within 30 days for $3,200, of which sum…

2Cases cited8 opinions

  1. Tyler v. SanbornIllinois Supreme Court · 1889
  2. Jansen v. WilliamsNebraska Supreme Court · 1893
  3. Rich v. Black & BairdSupreme Court of Pennsylvania · 1896
  4. Scott v. LloydSupreme Court of Colorado · 1894
  5. Tilleny v. WolvertonSupreme Court of Minnesota · 1891

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