Legal Opinion

Reimers v. Pierson

Oregon Supreme Court

Decided February 14, 1911PublishedCited by 6 opinions

From Washington: Thomas A. McBride, Judge. Statement by Mr. Justice Burnett. This is an action by Paul Reimers and J. D. Hamilton against John Pierson, to recover $500 which they claim is due them as commission upon the sale of the defendant’s farm, for which the plaintiffs secured a purchaser upon the alleged agreement that the defendant would pay that sum if they found a purchaser by the 10th of November, 1908. They alleged the performance of the agreement on their part…

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From Washington: Thomas A. McBride, Judge. Statement by Mr. Justice Burnett. This is an action by Paul Reimers and J. D. Hamilton against John Pierson, to recover $500 which they claim is due them as commission upon the sale of the defendant’s farm, for which the plaintiffs secured a purchaser upon the alleged agreement that the defendant would pay that sum if they found a purchaser by the 10th of November, 1908. They alleged the performance of the agreement on their part and the refusal of the defendant to pay the money. The answer denies the allegations of the complaint. A jury trial…

1Opinion of the CourtJustice Burnett

1. The first error complained of by the defendant consists in the court permitting J. D. Hamilton, a witness on behalf of plaintiffs, to testify as follows: The witness was requested to “state what took place in relation to transactions related in the complaint in this action.” He answered: “Well, this land was given to me—I came out here several times, and through the Kuratli Bros, here they told me that the land land was for sale, and they had a contract on or right to sell it, and I went back to town and we advertised it several different times.” The defendant objected to this testimony on…

2Cases cited1 opinion

  1. Hannan v. GreenfieldOregon Supreme Court · 1899

3Cited by6 opinions

  1. Wallace v. American Toll Bridge Co.Oregon Supreme Court · 1928
  2. Jones v. TellerOregon Supreme Court · 1913
  3. Michelin Tire Co. v. WilliamsOregon Supreme Court · 1930
  4. Johnson v. Roberts Bros.Oregon Supreme Court · 1935
  5. J. A. Campbell Co. v. CorleyOregon Supreme Court · 1932

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