Henry v. Harker
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Me. Justice Burnett. This is an action by Charles K. Henry against George A. Harker to recover broker’s commissions.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Me. Justice Burnett. This is an action by Charles K. Henry against George A. Harker to recover broker’s commissions. The substance of the complaint is that along about November, 1906, the defendant employed the plaintiff as a real estate broker to find and secure a purchaser for certain real property, situated in Portland, for the sum of $45,000, agreeing to pay the plaintiff the usual and customary commission paid to real estate agents in said city; that plaintiff accepted the employment, and, in pursuance thereof, on December 15,…
1Opinion of the CourtJustice Burnett
1. As a preliminary matter it is our judgment that the court erred in allowing the plaintiff to testify and in finding as a fact the construction the plaintiff put upon the defendant’s letter of November 8, 1906. Under the authority of Mahon v. Rankin, 54 Or. 328 (102 Pac. 608: 103 Pac. 53), a party or witness may state his own intent, where the same is material, in doing an act or making a declaration, but he cannot testify as to the intent of another or construe the legal effect of the other’s writing. The intent of the latter is a question for the jury or other trier of the facts, and the…
2Cases cited7 opinions
- Gerding v. . HaskinNew York Court of Appeals · 1894
- Hayden v. GrilloMissouri Court of Appeals · 1889
- York v. NashOregon Supreme Court · 1903
- Baars v. HylandSupreme Court of Minnesota · 1896
- Hardy v. SheedyOregon Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
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- Carnahan Mfg. Co. v. Beebe-Bowles Co.Oregon Supreme Court · 1916
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