Norman v. Ellis
Oregon Supreme Court
Prom Multnomah: James W. Hamilton, Judge. Department 1. Statement by Mr. Justice Burnett. Tbis is an action by Sidney Norman against Robert H. Ellis, Edward Boyce, Harry L. Day, Eugene R. Day and Jerome Day.
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Prom Multnomah: James W. Hamilton, Judge. Department 1. Statement by Mr. Justice Burnett. Tbis is an action by Sidney Norman against Robert H. Ellis, Edward Boyce, Harry L. Day, Eugene R. Day and Jerome Day. The substance of tbe complaint in tbis case is that about January 25, 1911, tbe defendants by tbeir duly qualified agent, Harry L. Day, bimself being one of tbem, employed tbe plaintiff as a broker to negotiate witb tbe Norman Hotels, Limited, a corporation, and its officers and stockholders to affect a purchase or an agreement to purchase all tbe interest of that corporation in the…
1Opinion of the CourtJustice Burnett
1. “The finding of the court upon the facts shall be deemed a verdict, and may be set aside in the same manner and for the same reasons, as far as applicable, and a new trial granted”: Section 159, L. O. L. The construction placed upon this section by our former decisions is to the effect that if there is any evidence to sustain the findings, they are conclusive upon appeal. We are not at this juncture concerned about, nor can we take notice of, the weight of the testimony. The case is not here on a new trial on the facts, as if the litigation were in equity. This is a law action, and must be…
2Cases cited7 opinions
- Giaconi v. City of AstoriaOregon Supreme Court · 1911
- Van De Wiele v. GarbadeOregon Supreme Court · 1912
- National Council v. McGinnOregon Supreme Court · 1914
- Prudential Trust Co. v. Merchants' Nat. BankOregon Supreme Court · 1913
- Aerne v. GostlowOregon Supreme Court · 1911
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3Cited by4 opinions
- Cannon v. Farmers' Union Grain AgencyOregon Supreme Court · 1921
- Weigar v. SteenOregon Supreme Court · 1916
- Warren v. DinwoodieOregon Supreme Court · 1918
- Winters v. PrivettOregon Supreme Court · 1917