Wheeler v. Lack
Oregon Supreme Court
From Baker : Robert Eakin, Judge. This suit was commenced by John Wheeler on the eighteenth of April, 1899, against F. S. Lack, P. A. Conde, the Eastern Gold Mining Co., the First National Bank of Baker City, R. O. Deming, Charles E. Whitaker, and Butcher & Eastham.
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From Baker : Robert Eakin, Judge. This suit was commenced by John Wheeler on the eighteenth of April, 1899, against F. S. Lack, P. A. Conde, the Eastern Gold Mining Co., the First National Bank of Baker City, R. O. Deming, Charles E. Whitaker, and Butcher & Eastham. The complaint alleges, in substance, that prior to the tenth day of September, 1897, plaintiff entered into a partnership agreement with defendant Lack’ who was at that time a mining broker at Baker City, to the effect that, if he should produce any party or parties to whom Lack might effect a sale of mining property, all…
1Opinion of the Court
Mr. Chiee Justice Bean,
after making the foregoing statement of the facts, delivered the opinion.
The evidence shows that some time in the winter of 1896 or 1897 the plaintiff and defendant Lack entered into an arrangement whereby it was agreed that, if plaintiff shoúld furnish Lack with a customer or customers to whom he should be able to sell mining property, they would divide the brokerage; and that a short time thereafter, at the Seven Devils, in- Idaho, the plaintiff met Zwickey and Van Zandt, who had been sent out by defendant Whitaker to look for mining property for him. At his…
2Cases cited8 opinions
- Williams v. BankheadSupreme Court of the United States · 1874
- Flower v. BarnekoffOregon Supreme Court · 1890
- Salter v. . HamNew York Court of Appeals · 1865
- King v. Comm'rs. Court of Throckmorton CountyCourt of Appeals of Texas · 1895
- Shaver v. BrainardNew York Supreme Court · 1859
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3Cited by15 opinions
- McFarlane v. McFarlaneOregon Supreme Court · 1903
- Hayes v. KillingerOregon Supreme Court · 1963
- Wood v. HoneymanOregon Supreme Court · 1945
- McKenzie v. EvansMontana Supreme Court · 1934
- Cottrell Et Ux. v. Prier Et Ux.Oregon Supreme Court · 1949
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