Legal Opinion

Ely v. Wilde

Oregon Supreme Court

Decided April 23, 1912PublishedCited by 5 opinions

From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice McBride. This is an action by Ben C. Ely against Louis J. Wilde to recover for commissions alleged to have been earned under a contract to sell for defendant the bonds and stock of certain telephone corporations.

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From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice McBride. This is an action by Ben C. Ely against Louis J. Wilde to recover for commissions alleged to have been earned under a contract to sell for defendant the bonds and stock of certain telephone corporations. It is stated in the complaint that defendant in October, 1906, was engaged in the business of selling, in Portland, Oregon, and elsewhere, the bonds and stocks of the Home Telephone & Telegraph Company of Portland, the Puget Sound Home Telephone Company of the state of Washington, and the bonds and stocks of other…

1Opinion of the CourtJustice McBride

The evidence tends to show that in July, 1906, plaintiff was employed by defendant to sell bonds of the Home Telephone & Telegraph Company of Portland at a net commission of 5 per cent and a stock commission of 5 per cent where the stock bonus allowed the purchaser did not exceed 50 per cent of the par value of bonds sold. In October of the same year his employment was extended so as to include bonds in the Puget Sound Home Telephone Company. Plaintiff declared on one contract, as shown in the statement, and it is claimed that the evidence discloses two distinct contracts, made at different…

2Cases cited3 opinions

  1. Gardner v. KinneyOregon Supreme Court · 1911
  2. High v. Southern Pacific Co.Oregon Supreme Court · 1907
  3. Ross v. JonesSupreme Court of South Carolina · 1896

3Cited by5 opinions

  1. Porterfield v. American Surety Co.Court of Appeals of Kansas · 1919
  2. Brady v. East Portland Sheet Metal WorksOregon Supreme Court · 1960
  3. Brady v. East Portland Sheet Metal WorksOregon Supreme Court · 1960
  4. Wieber v. Fedex Ground Package System, Inc.Court of Appeals of Oregon · 2009
  5. Wieber v. Fedex Ground Package System, Inc.Court of Appeals of Oregon · 2009

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