Legal Opinion

Buchtel v. Evans

Oregon Supreme Court

Decided November 24, 1891PublishedCited by 30 opinions

Plaintiffs appeal. It is error of tbe court to instruct a jury on a matter not made an issue by the pleadings. (Hayden v. Long, 8 Or. 247; Marx v. Schwartz, 14 Or. 178; Moorhouse v. Donaca, 14 Or. 434; Woodward v. O. R. & N. Co. 18 Or. 289; White v. Merrill, 82 Cal. 14; Albertoli v. Branham, 80 Cal. 631; 13 Am.

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Plaintiffs appeal. It is error of tbe court to instruct a jury on a matter not made an issue by the pleadings. (Hayden v. Long, 8 Or. 247; Marx v. Schwartz, 14 Or. 178; Moorhouse v. Donaca, 14 Or. 434; Woodward v. O. R. & N. Co. 18 Or. 289; White v. Merrill, 82 Cal. 14; Albertoli v. Branham, 80 Cal. 631; 13 Am. St. Rep. 200.) The defense of double employment of plaintiffs by buyer and seller was new matter, and defendants could not avail themselves of it unless pleaded in their answer. (Pom. Rem. & Rem. Rights, §§ 673, 708; Boone’s PI. § 66; Suit v. Woodhall, 116 Mass. 547; Honegger v.…

1Opinion of the CourtBean, J.

This is an action by plaintiffs as real estate brokers to recover the sum of $7,400 as commissions for the sale of a tract of land near Tacoma, Washington, belonging to defendant. The complaint in substance avers that in April, 1890, plaintiffs agreed with defendant to procure for him a purchaser for certain real estate owned by him near Tacoma containing seventy-four acres, and to receive as their compensation for so doing whatever sum such purchaser might pay for said land in excess of $1,000 per acre; that they did in pursuance of their contract procure one H. C. Clement, who purchased…

2Cases cited12 opinions

  1. Oscanyan v. Arms Co.Supreme Court of the United States · 1881
  2. Rice v. WoodMassachusetts Supreme Judicial Court · 1873
  3. Woodstock Iron Co. v. Richmond & Danville Extension Co.Supreme Court of the United States · 1889
  4. Honegger v. . WettsteinNew York Court of Appeals · 1883
  5. Woodward v. O. R. & N. Co.Oregon Supreme Court · 1890

7 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Doon v. SmithOregon Supreme Court · 1893
  2. Multnomah County v. Willamette Towing Co.Oregon Supreme Court · 1907
  3. Godvig v. LopezOregon Supreme Court · 1949
  4. Bradtfeldt v. CookeOregon Supreme Court · 1895
  5. Pacific Livestock Co. v. GentryOregon Supreme Court · 1900

25 more not listed; retrieve them via the Exa API.

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