Cook v. Gordon
Oregon Supreme Court
From Multnomah: William L. Bradshaw, Judge. • Statement by Mr. Justice Bean. This is an action by W. J. Cook and E. L. Clark, a copartnership doing business' under the firm name and style of Cook & Clark, against J. D. Gordon, to recover a broker’s commission. The cause was tried before the court without the intervention of a jury. The court found for plaintiffs and rendered judgment against the defendant for $9,300, from which the latter appeals.
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From Multnomah: William L. Bradshaw, Judge. • Statement by Mr. Justice Bean. This is an action by W. J. Cook and E. L. Clark, a copartnership doing business' under the firm name and style of Cook & Clark, against J. D. Gordon, to recover a broker’s commission. The cause was tried before the court without the intervention of a jury. The court found for plaintiffs and rendered judgment against the defendant for $9,300, from which the latter appeals. The complaint alleges, in substance, that on September 26, 1911, the defendant employed plaintiffs, as brokers, to sell certain real property in…
1Opinion of the CourtJustice Bean
1. The law is plain that, where a cause is tried by the court without a jury, the findings of fact have the same force and effect as the verdict of a jury, and will not be disturbed unless- it appears that the evidence upon which they were made was not sufficient, as a matter- of law, to support them: Good v. Smith, 44 Or. 578 (76 Pac. 354); Astoria R. Co. v. Kern, 44 Or. 538 (76 Pac. 14); Smith v. Gevurtz, 67 Or. 25 (135 Pac. 190); Peaslee v. Gordon Falls Elec. & Mfg. Co., ante, p. 244 (135 Pac. 521).
2. The court found that the original contract had not been annulled. An exchange of…
2Cases cited8 opinions
- Boyd & Williams v. J. J. Watson & Co.Supreme Court of Iowa · 1897
- Astoria Railroad v. KernOregon Supreme Court · 1904
- Good v. SmithOregon Supreme Court · 1904
- Kennerly v. SomervilleMissouri Court of Appeals · 1896
- Smith v. I. Gevurtz & SonsOregon Supreme Court · 1913
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