Henderson v. Lemke
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice McBride. This is an action by P. W. Henderson against Henry Lemke and Agnes Lemke to recover commissions upon a real estate sale.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice McBride. This is an action by P. W. Henderson against Henry Lemke and Agnes Lemke to recover commissions upon a real estate sale. The complaint alleges, in substance, that plaintiff is a real estate dealer in Portland, Oregon; that at the date of the alleged contract defendants were the owners of certain real estate, which is described in the complaint; that on August 20, 1909, defendant Henry Lemke, acting for himself and as the duly authorized agent of Agnes Lemke, gave to plaintiff the exclusive right to secure a purchaser…
1Opinion of the CourtJustice McBride
1. We are of the opinion that the contract is valid, and not in contravention to the statute of frauds. It amounted to an employment of the plaintiff to show the property which defendants owned, and practically stipulated that if he did so, and a sale on defendants’ terms followed that labor, then defendants were to pay a commission. Here the thing to be done by plaintiff is to show the property. If he does that, he has paid his price for the commissions. It is the consideration for the contract. It is not necessary that the consideration be stated in exact terms, if it can be made out…
2Cases cited5 opinions
- Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
- Barney v. . ForbesNew York Court of Appeals · 1890
- Sanchez v. YorbaCalifornia Court of Appeal · 1908
- Straight v. WightSupreme Court of Minnesota · 1895
- Baird v. LoescherCalifornia Court of Appeal · 1908
3Cited by18 opinions
- High v. DavisOregon Supreme Court · 1978
- C. Forsman Real Estate Company v. HatchIdaho Supreme Court · 1976
- Rodgers v. BaughmanSupreme Court of Iowa · 1983
- Dunn v. SlemonsCourt of Appeals of Texas · 1942
- Oregon Home Builders v. CrowleyOregon Supreme Court · 1918
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