Oregon Home Builders v. Crowley
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice Harris. This is an action by the Oregon Home Builders, a corporation, to recover a commission for procuring an exchange of lands. The trial court sustained a demurrer to the complaint; the plaintiff refused to plead further; a judgment was rendered for the defendant; and the plaintiff appealed. For the purposes of the appeal the statement of facts found in the complaint must be accepted as true.
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From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice Harris. This is an action by the Oregon Home Builders, a corporation, to recover a commission for procuring an exchange of lands. The trial court sustained a demurrer to the complaint; the plaintiff refused to plead further; a judgment was rendered for the defendant; and the plaintiff appealed. For the purposes of the appeal the statement of facts found in the complaint must be accepted as true. The complaint alleges that on October 26,1915, “the defendant, in writing, authorized and employed plaintiff to sell or exchange…
1Opinion of the CourtJustice Harris
1. The only question for decision is whether the writing signed by Crowley satisfies the statute of frauds. The defendant contends that the writing is insufficient to meet the requirements of Section 808, L. O. L., be*522cause (1) it fails to express the consideration; and (2) it is a mere offer and therefore not an agreement. Section 808, subdivision 8, L. O. L., reads thus:
“In the following cases the agreement is void unless the same or some note or memorandum thereof, expressing the consideration, be in writing and subscribed by the party to be charged, or by his lawfully authorized agent;…
2Cases cited34 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Willetts v. . the Sun Mutual Ins. Co.New York Court of Appeals · 1871
- Zimmerman v. ZehendnerIndiana Supreme Court · 1905
- L'Amoreux v. . GouldNew York Court of Appeals · 1852
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3Cited by15 opinions
- Buratti & Montandon v. TennantTexas Supreme Court · 1949
- Gray v. KohlhaseCourt of Appeals of Arizona · 1972
- Kneeland v. ShroyerOregon Supreme Court · 1958
- Johnson v. Homestead-Iron Dyke Mines Co.Oregon Supreme Court · 1920
- Champion Et Ux. v. Hammer Et Ux.Oregon Supreme Court · 1946
10 more not listed; retrieve them via the Exa API.