Hall v. Olson
Oregon Supreme Court
From Multnomah: Jonn B. CLELAND, Judge. Statement by Mr. Justice Burnett. This is an action by Joseph C. Hall against N. C. Olson, for compensation for procuring a purchaser for defendant’s land.
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From Multnomah: Jonn B. CLELAND, Judge. Statement by Mr. Justice Burnett. This is an action by Joseph C. Hall against N. C. Olson, for compensation for procuring a purchaser for defendant’s land. The plaintiff alleges that on August 14, 1908, the defendant employed him to effect a sale of 320 acres of timber land in Marion County at the price of $18,000, warranting that the land had thereon 40,000,000 feet of merchantable timber and agreeing to pay the plaintiff $1,000 for his services in bringing about the sale, no specific time being fixed for completing the transaction; and that within ten…
1Opinion of the CourtJustice Burnett
1. The defendant assigns as error the court’s refusal to give to the jury certain instructions which he requested. One class of these instructons was based on the idea that the alleged contract between plaintiff and defendant was wanting in mutuality, and not supported by any consideration. It is elementary that where one promises to pay money to another on performance by the other of a particular thing, lawful in its nature, mutuality of contract exists, because the performance constitutes a consideration for the promise to pay. The other class of defendant’s refused instructions proceeds on…
2Cases cited2 opinions
- Stedman & Bowman v. RichardsonCourt of Appeals of Kentucky · 1896
- Hardy v. SheedyOregon Supreme Court · 1911
3Cited by7 opinions
- Klimek v. PerisichOregon Supreme Court · 1962
- Oregon Home Builders v. CrowleyOregon Supreme Court · 1918
- Livingston v. BlairSupreme Court of Oklahoma · 1924
- Ellingsworth v. ShannonOregon Supreme Court · 1939
- Jones v. Marshall-Wells Co.Oregon Supreme Court · 1922
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