Webb v. Wolfard
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Justice Slater. Plaintiff G. A. Webb seeks by this action to recover $300 as the agreed commission for securing a purchaser of a tract of land in which the defendant, J. M. Wolfard, was interested.
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From Marion: George H. Burnett, Judge. Statement by Mr. Justice Slater. Plaintiff G. A. Webb seeks by this action to recover $300 as the agreed commission for securing a purchaser of a tract of land in which the defendant, J. M. Wolfard, was interested. The complaint avers that for a period of more than 20 years prior to the commencement of the action plaintiff had been engaged in the business of real estate brokerage in the city of Silverton, in the vicinity of which the land sold is situate; that about May 15, 1908, the contract of employment was made, and that on September 10th following,…
1Opinion of the CourtJustice Slater
1. Defendant’s motion for a judgment of nonsuit against plaintiff is based principally upon the ground that there is no evidence tending to establish an agreement as to the amount of the commission which plaintiff was to receive. The evidence is brief, and directed mainly to the establishment of two principal points at issue — the employment of plaintiff, and the agreement as to the amount of commission to be paid. As to the first point, there is no room to question the sufficiency of the evidence to make a prima facie case.
2. The plaintiff testifies unequivocally that about May 11, 1906,…
2Cases cited3 opinions
- Kyle v. RippeyOregon Supreme Court · 1891
- Moore v. DaiberMichigan Supreme Court · 1892
- Lamson Con. Store-Service Co. v. WeilNew York Court of Common Pleas · 1890
3Cited by3 opinions
- Fornara v. WolpeArizona Supreme Court · 1924
- Brady v. East Portland Sheet Metal WorksOregon Supreme Court · 1960
- Brady v. East Portland Sheet Metal WorksOregon Supreme Court · 1960