Mallory v. Ching

This is an action at law brought by the plaintiffs who are the owners of real property near Canyonville, Oregon, to recover a payment alleged to be due under an agreement of sale and purchase. Jury trial was waived and the cause tried to the court. The plaintiffs recovered and the defendant appeals.

The facts disclosed in the record are that plaintiffs listed their land for sale with a real estate broker in Roseburg. On the 29th of October, 1959, the defendant with the broker examined the property after which the broker prepared an agreement. When it was signed by defendant it did not…