Cloyes v. Eckern
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Burnett. This is an action by Harry H. Cloyes and others against Anthon Eckern, to recover $20,000 as commission said to be due them on an alleged contract with the defendant, which they say they performed, to find for him a purchaser, ready, able, and willing to buy 2,000 shares in a lumbering corporation at the price of $200,000. The complaint is traversed in every material particular.
Read the full summary
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Burnett. This is an action by Harry H. Cloyes and others against Anthon Eckern, to recover $20,000 as commission said to be due them on an alleged contract with the defendant, which they say they performed, to find for him a purchaser, ready, able, and willing to buy 2,000 shares in a lumbering corporation at the price of $200,000. The complaint is traversed in every material particular. A jury trial in the circuit court resulted in a verdict and judgment for the defendant, and the plaintiffs appeal.
1Opinion of the CourtJustice Burnett
The record in this case comes to us containing a bill of exceptions formulated since Section 3, Article VII, Constitution of Oregon, was promulgated in its amended form. Under the sanction of the rule there established, the bill has attached to it the whole testimony, the instructions of the court to the jury, and other matters deemed material to the decision of the appeal.
After careful consideration of all the matters thus submitted and due attention to the arguments of counsel, we are of the opinion, as authorized by that constitutional provision, that the judgment challenged on this appeal…
2Cases cited2 opinions
- Wills v. Palmer Lumber Co.Oregon Supreme Court · 1911
- Atherton v. WallingOregon Supreme Court · 1912
3Cited by27 opinions
- Gow v. Multnomah Hotel, Inc.Oregon Supreme Court · 1951
- Matter of Marriage of MullinaxOregon Supreme Court · 1982
- Turlay v. Farmers Insurance ExchangeOregon Supreme Court · 1971
- Weinstein v. WheelerOregon Supreme Court · 1928
- Grover v. HawthorneOregon Supreme Court · 1911
22 more not listed; retrieve them via the Exa API.