Metschan v. Swensson
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Judge. Statement by Mr. Justice Bean. This is an action by Phil Metschan against A. F. Swensson, to recover money.
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From Multnomah: Alfred F. Sears, Judge. Statement by Mr. Justice Bean. This is an action by Phil Metschan against A. F. Swensson, to recover money. It is alleged in the amended complaint that on the 14th of October, 1905, plaintiff purchased lots 6 and 7, in block 59, Couch’s addition to the City of Portland, through the defendant, and with reference thereto plaintiff made and entered into a written agreement with defendant, to wit: “Portland, Oregon, Oct. 14, 1905. “Received of Phil Metschan, five hundred ($500.00) dollars, the same being part purchase money for lots six (6) and seven (7),…
1Opinion of the CourtJustice Bean
Neither the evidence as given on the trial, nor the findings of fact, are a part of the transcript. The only question for decision, therefore, is whether the pleadings sustained the judgment rendered by the court below, and this hinges on the construction of the writing set out in the complaint.
1. If defendant was a mere agent of plaintiff for the sale of the property described in such writing, any money received by him from Shorey belonged to plaintiff; for an agent is not permitted to make a profit to himself out of the subject-matter of the contract beyond his lawful compensation: 1 Clark…
2Cases cited2 opinions
- Chezum v. KreighbaumWashington Supreme Court · 1892
- Pierce v. PowellIllinois Supreme Court · 1870