Whitten v. Griswold
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice Bean. This is an action by F. C. Whitten and J. C. Bryant, copartners as Whitten & Bryant against M. C. Griswold, to recover $10,507.48, commission for the purchase of timber lands. From a judgment in favor of plaintiffs, defendant appeals.
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From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice Bean. This is an action by F. C. Whitten and J. C. Bryant, copartners as Whitten & Bryant against M. C. Griswold, to recover $10,507.48, commission for the purchase of timber lands. From a judgment in favor of plaintiffs, defendant appeals. The complaint alleges in substance the copartnership of plaintiffs; that defendant employed them as brokers to purchase certain timber lands, and that they were instrumental- in obtaining an option for defendant to purchase certain tracts of land in Lane County, Oregon, at $25 per acre for…
1Opinion of the CourtJustice Bean
The statement in the brief of counsel for defendant “that there were allegations in the complaint and evidence before the jury which would sustain a finding that services had been rendered, and that there was no specific or enforceable agreement as to the amount, thus entitling plaintiffs to recover on a quantum meruit,” renders it unnecessary for this court to consider the motion of defendant for a directed verdict, and brings us to the matter of the instructions assigned as error.
Taking the allegations in the complaint as to the agreement for adding to the purchase price and dividing the…
2Cases cited9 opinions
- Mescall v. TullyIndiana Supreme Court · 1883
- Connell v. McLoughlinOregon Supreme Court · 1895
- Barnes v. . QuigleyNew York Court of Appeals · 1874
- Cottrell v. Ætna Life InsuranceIndiana Supreme Court · 1884
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
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3Cited by9 opinions
- Molodyh v. Truck Insurance ExchangeOregon Supreme Court · 1987
- Jansen v. TylerOregon Supreme Court · 1935
- Triphonoff v. SweeneyOregon Supreme Court · 1913
- Williams v. Clemen's Forest Products, Inc.Oregon Supreme Court · 1950
- Fischer v. BayerOregon Supreme Court · 1922
4 more not listed; retrieve them via the Exa API.