Becker v. Oregon-Kansas Timber Co.
Oregon Supreme Court
Prom Multnomah: Robert Tucker, Judge. Department 2. The plaintiff, as a real estate broker, procured from the defendant a contract, of which the following is a copy: “To M. H. Becker: “For receipt of one dollar, receipt of which is acknowledged, we hereby appoint yon agent to make sale of the following described real property, to wit: The west half of the northeast quarter, and the northwest quarter, and the west half of the southwest quarter, all in section 26, township…
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Prom Multnomah: Robert Tucker, Judge. Department 2. The plaintiff, as a real estate broker, procured from the defendant a contract, of which the following is a copy: “To M. H. Becker: “For receipt of one dollar, receipt of which is acknowledged, we hereby appoint yon agent to make sale of the following described real property, to wit: The west half of the northeast quarter, and the northwest quarter, and the west half of the southwest quarter, all in section 26, township three (3) north of range six (6) west of Willamette Meridian, for the price of $160,000, to be paid upon terms as may be…
1Opinion of the CourtBurnett, C. J.
1. It will be observed that the complaint was laid on the theory that the plaintiff has performed his contract in full and has earned his commission. The action is not one to recover damages resulting from a breach of the contract. It will be noted, also, that no waiver on the part of the defendant of any of the terms of the contract is pleaded. The plaintiff was appointed “to make sale” of the property. The defendant agreed that, in case the plaintiff should “sell the above-described property within the time specified,” it would make the purchaser a good and sufficient warranty deed to the…
2Cases cited2 opinions
- Schreyer v. Turner Flouring Co.Oregon Supreme Court · 1896
- Oregon Home Builders v. Montgomery Inv. Co.Oregon Supreme Court · 1919
3Cited by3 opinions
- Dept. of Transportation v. StallcupOregon Supreme Court · 2006
- Hermann v. ClarkOregon Supreme Court · 1923
- Kaufman v. La Crosse Theaters Co.Wisconsin Supreme Court · 1945