Grace v. McDowell
Oregon Supreme Court
From Jackson: Hiero K. Hanna, Judge. Statement by Mr. Justice Bean. This is an action by J. H. Grace against R. S. McDowell to recover $4,025 as compensation for the sale of land. The cause was tried before a jury, and a verdict rendered in favor of plaintiff. From a judgment thereon, defendant appeals.
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From Jackson: Hiero K. Hanna, Judge. Statement by Mr. Justice Bean. This is an action by J. H. Grace against R. S. McDowell to recover $4,025 as compensation for the sale of land. The cause was tried before a jury, and a verdict rendered in favor of plaintiff. From a judgment thereon, defendant appeals. According to the facts set forth in the complaint, plaintiff and defendant entered into an oral contract, some time during September, 1908, in Jackson County, Oregon, whereby it was agreed that if plaintiff would procure a purchaser willing to buy a certain 680 acres of defendant’s land in…
1Opinion of the CourtJustice Bean
It will be noticed from the pleadings that the plaintiff and defendant allege different contracts; one agreement differing from the other mainly as to the sale of the tract of land for cash only.
*5821. Counsel for defendant contend that the price agreed upon between defendant and Mr. Fitz as the basis of the exchange of the property is not conclusive upon the question of the amount received by the defendant for the property in fixing the compensation plaintiff should recover for his services in obtaining a purchaser. The court was requested to instruct the jury to determine, from all the evidence…
2Cases cited3 opinions
- Fagan v. HookSupreme Court of Iowa · 1905
- Boyd & Williams v. J. J. Watson & Co.Supreme Court of Iowa · 1897
- Negus v. SimpsonMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Herder v. HelveringCourt of Appeals for the D.C. Circuit · 1939
- Dickinson v. LawsonNebraska Supreme Court · 1933
- Gill v. EagletonNebraska Supreme Court · 1922
- Repass v. Estacada State Bank, Inc.Oregon Supreme Court · 1924