Richanbach v. Ruby

The defendant raises two important questions in this appeal. The first question, briefly stated, is that the contract for leasing* the property, which contained an option to purchase the same, is a contract for the sale of real estate; that under subdivision 8, Section 808, Or. L., such contract must be in writing and, it not being in writing in this case, that therefore the plaintiff cannot recover. It is contended, conceding plaintiff’s allegations in the complaint to be true, that the contract is not separate and therefore the plaintiff has no remedy to recover the commission.

The second…