Columbia Realty Investment Co. v. Alameda Land Co.
Oregon Supreme Court
From Multnomah: Robert Gr. Morrow, Judge. Statement by Mr. Justice McCamANT. This is an action brought to recover a balance of commissions alleged to be due plaintiff for the sale of parcels of defendant’s property in Multnomah County. It appears that on March 9, 1912, the defendant entered into a contract with E. Z. Ferguson and H. L. Hamblet for the sale of the property in question and for the performance of other services.
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From Multnomah: Robert Gr. Morrow, Judge. Statement by Mr. Justice McCamANT. This is an action brought to recover a balance of commissions alleged to be due plaintiff for the sale of parcels of defendant’s property in Multnomah County. It appears that on March 9, 1912, the defendant entered into a contract with E. Z. Ferguson and H. L. Hamblet for the sale of the property in question and for the performance of other services. Ferguson and Hamblet were given the exclusive sale of the property for a period of nine months at a schedule of prices attached to the contract as an exhibit. It was…
1Opinion of the CourtJustice McCamant
1. Plaintiff contends that when it produced a purchaser with whom defendant made a binding contract of sale, it earned its commission of 20 per cent of the purchase price and its right to this commission was not lost by the default of the purchaser or the cancellation of his contract. This is the general rule: Stewart v. Will, 65 Or. 138, 140, 141 (131 Pac. 1027). But it is subject to modification by the contract of the parties. The material question here is whether the contract on which plaintiff relies contains a promise to pay commissions at all events or only out of a specified fund, to…
2Cases cited23 opinions
- Scotland County v. HillSupreme Court of the United States · 1884
- McPhail v. BuellCalifornia Supreme Court · 1890
- Lindley v. FayCalifornia Supreme Court · 1897
- Freeman v. TrummerOregon Supreme Court · 1907
- Morrison v. Austin State BankIllinois Supreme Court · 1904
18 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Ashmun v. NicholsOregon Supreme Court · 1919
- Killam v. TenneyOregon Supreme Court · 1961
- People v. RanneyCalifornia Supreme Court · 1931
- American Central Insurance v. WellerOregon Supreme Court · 1923
- Riley v. GoodOregon Supreme Court · 1933
20 more not listed; retrieve them via the Exa API.