Jennings v. Trummer
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Eakin. This is an action to recover commissions for the sale of. real estate.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Eakin. This is an action to recover commissions for the sale of. real estate. Plaintiffs allege that in-December, 1904, the defendant employed them to find a purchaser for the furniture and good will of a rooming house in Portland, Oregon, for the price of. $7,000 net to the defendant, for which they were to have for their commission such sum above $7,000 as they should be able to obtain; that on December 23, 1904, plaintiffs were negotiating a sale with Mrs. Lange as a prospective purchaser at the price of $7,750, which she was…
1Opinion of the CourtJustice Eakin
1. The denial of the defendant’s motion for a judgment of non-suit, interposed at the close of plaintiffs’ testimony, is the only ground of error presented by the defendant in his brief. It is a general principle that, even if the evidence was insufficient to be submitted to a jury, yet the appellate court will not review the motion if such defect has been cured by subsequent testimony which is properly disclosed by the record. Bennett v. Northern P. Ex. Co., 12 Or. 49 (6 Pac. 160) ; Carney v. Duniway, 35 Or. 131 (57 Pac. 192: 58 Pac. 105) ; Elmendorf v. Golden, 37 Wash. 664 (80 Pac. 264).…
2Cases cited7 opinions
- Carney v. DuniwayOregon Supreme Court · 1899
- Elmendorf v. GoldenWashington Supreme Court · 1905
- Bennett v. Northern Pacific Express Co.Oregon Supreme Court · 1885
- Wood v. WellsMichigan Supreme Court · 1894
- McCormack v. HendersonMissouri Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Keener v. ClevelandTexas Commission of Appeals · 1923
- Weygandt v. BartleOregon Supreme Court · 1918
- Beougher v. ClarkSupreme Court of Kansas · 1909
- Gresham v. LeeSupreme Court of Georgia · 1922
- Leadville Mining Co. v. HemphillArizona Supreme Court · 1915
15 more not listed; retrieve them via the Exa API.