Legal Opinion

Stewart v. Will

Oregon Supreme Court

Decided May 13, 1913PublishedCited by 5 opinions

From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice Moore. This is an action by S. B. Stewart against George Will to recover a broker’s commission for the alleged negotiation of the sale of real property.

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From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice Moore. This is an action by S. B. Stewart against George Will to recover a broker’s commission for the alleged negotiation of the sale of real property. The defendant on July 23, 1910, executed to the plaintiff a writing, authorizing him to sell his farm of 275 acres in Marion County, Oregon, at $100 an acre, or to exchange the land for other real property, and in case the premises were disposed of Will promised to pay Stewart a commission of 5 per cent of the stipulated purchase price. The plaintiff secured as a buyer A. M. Abbott,…

1Opinion of the CourtJustice Moore

1. Several errors are assigned, but none of them will be considered except the request for a directed verdict for the plaintiff. The rule is quite general that when a broker employed to negotiate the sale of land, without fault, fraud, concealment or other improper practice, produces a purchaser with whom the owner makes *141a valid, binding and enforceable contract for the sale of the premises, the commission has been earned, though the contract for the sale of the land is never carried out: 23 Am. & Eng. Ency. Law (2 ed.), 917; Wilson v. Mason, 158 Ill. 304 (42 Pac. 134, 49 Am. St. Rep. 162);…

2Cases cited3 opinions

  1. Wilson v. MasonIllinois Supreme Court · 1895
  2. Roche v. SmithMassachusetts Supreme Judicial Court · 1900
  3. Francis v. BakerSupreme Court of Minnesota · 1890

3Cited by5 opinions

  1. Killam v. TenneyOregon Supreme Court · 1961
  2. Oregon Home Builders v. Montgomery Inv. Co.Oregon Supreme Court · 1919
  3. Columbia Realty Investment Co. v. Alameda Land Co.Oregon Supreme Court · 1917
  4. Scott v. Merrill's EstateOregon Supreme Court · 1915
  5. Murphy v. W. & W. Livestock Co.Wyoming Supreme Court · 1920

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