Wolverton v. Tuttle
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Commissioner King. This is an action to recover a commission on the sale of lot 9 in block 86 in Portland, Or.,, conveyed by defendants to John Manning and L. EL Tarpley for $20,000. The complaint, in substance, avers that plaintiffs are real estate brokers, and, at the special instance and request of defendants, were instrumental in bringing about the sale; that $550 is a reasonable commission to be charged for their…
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From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Commissioner King. This is an action to recover a commission on the sale of lot 9 in block 86 in Portland, Or.,, conveyed by defendants to John Manning and L. EL Tarpley for $20,000. The complaint, in substance, avers that plaintiffs are real estate brokers, and, at the special instance and request of defendants, were instrumental in bringing about the sale; that $550 is a reasonable commission to be charged for their services, and is the usual and customary rate charged in that city for like sales, for which sum they prayed judgment.…
1Opinion of the Court
Opinion by
Mr. Commissioner King.
1. The only question necessary for determination is as to whether the motion for nonsuit was properly overruled, and if there was sufficient evidence adduced at the trial *505to sustain the judgment. It is well settled that, to enable a real estate broker to recover a commission for the sale of land, it is only necessary to show his employment, either express or implied, and that he was instrumental under and by virtue of such employment in bringing the buyer and seller together: Good v. Smith, 44 Or. 578 (76 Pac. 354). It is necessary, however, that sufficient…
2Cases cited7 opinions
- Scott v. HartleyIndiana Supreme Court · 1890
- Micks v. StevensonIndiana Court of Appeals · 1898
- Beatty v. RussellNebraska Supreme Court · 1894
- Good v. SmithOregon Supreme Court · 1904
- Evans v. WalnSupreme Court of Pennsylvania · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Haigler v. DonnellyCalifornia Supreme Court · 1941
- Oregon Home Builders v. Montgomery Inv. Co.Oregon Supreme Court · 1919
- Smith v. BlodgetCalifornia Supreme Court · 1921
- Allen v. DaileyCalifornia Court of Appeal · 1928
- Rodman v. ManningOregon Supreme Court · 1909
8 more not listed; retrieve them via the Exa API.