Legal Opinion

Zurcher v. Booth

Oregon Supreme Court

Decided May 9, 1916PublishedCited by 5 opinions

From Douglas: James W. Hamilton, Judge. Department 2. Statement by Mr. Justice Bean. This is an action brought by J. D. Zurcher, plaintiff, against J. H. Booth for services performed in the capacity of a broker in selling for the defendant a tract of land in Douglas County, Oregon, known as the Alley tract. The cause was tried to the court and jury, and a verdict rendered in favor of plaintiff for $1,250, with interest which was remitted.

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From Douglas: James W. Hamilton, Judge. Department 2. Statement by Mr. Justice Bean. This is an action brought by J. D. Zurcher, plaintiff, against J. H. Booth for services performed in the capacity of a broker in selling for the defendant a tract of land in Douglas County, Oregon, known as the Alley tract. The cause was tried to the court and jury, and a verdict rendered in favor of plaintiff for $1,250, with interest which was remitted. From a judgment entered thereon, the defendant appeals. This controversy arose prior to the enactment of our statute requiring a written memorandum of an…

1Opinion of the CourtJustice Bean

Plaintiff claims and the evidence in the case tends to prove substantially the following facts: During *337May, 1908, the defendant employed plaintiff to sell certain real estate described in the complaint for the regular commission, and, acting under such employment, he entered into negotiations with W. 0. Harding and O. J. Engen for the purchase of the property, writing letters and sending telegrams concerning the tract, meeting them in Portland, and procuring them to purchase the land. Pursuant thereto, on June 11, 1908, in consideration of $1 defendant, Booth, and Harding and Engen entered…

2Cases cited4 opinions

  1. Lawrence v. PedersonWashington Supreme Court · 1904
  2. McDonald v. HolmesOregon Supreme Court · 1892
  3. Barstow v. The AureliaOregon Supreme Court · 1904
  4. De Wolf v. Wisconsin Lakes Ice & Cartage Co.Wisconsin Supreme Court · 1910

3Cited by5 opinions

  1. Fullerton v. LammOregon Supreme Court · 1945
  2. Industrial Chrome Platino Co. v. NorthOregon Supreme Court · 1944
  3. Dean Vincent, Inc. v. Chef Joe's, Inc.Oregon Supreme Court · 1975
  4. Wright Land & Investment Co. v. EvenMontana Supreme Court · 1919
  5. Dean Vincent, Inc. v. Chef Joe's, Inc.Oregon Supreme Court · 1975

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