Daily capital journal. (Salem, Oregon) 1903-1919, 1915-11-16
STATUS OF REAL
ESTATE AGENT IS
NOW ESTABLISHED
Justice Benson ReVerses
' Former Opinion Of: Supreme
Court Justice Bean


down by Justice Benson, of the Su
preme court this morning in which
former opinion by Justice Bean was re-
versed upon an argument on rehearing
in the case of j. w. Taggert against
j. N. Hunter and William Staats. The
fact that the Statute of Frauds deals
with the real estate business is no re-
Election upon the profession but simply
establishes the basis of contracts be-
tween the client and the real estate OPP
orator.
Each state has a statute of frauds
but they are similar in all of the states,
and in general, set forth the list of OPP
eratiOns where written contract only
is binding upon the parties to the con
tract. In 1907 in this state a special
provision was enacted by the legisla
ture adding to the Oregon statute of
frauds the requirement that an agree
ment in writing must be entered into
before the real estate agent can legally
collect q commission for consumating a
real estate deal. 1t further provides
| that the written agreement shall speci-
fly the amount of the commission, tle
amount the property is to be sold for
and the exact description of the prop
erty in question.
1t appears from a review of the
case tnat Taggert sold some timber
lands for Hunter and Stats and that
the commission claimed by him amount
ed to over $4,000 Taggert had no writ
ten contract but claimed to have re.
ceived a letter from the defendants
authorizing him to sell their property
at q certain price. He was unable to
produce the letter in evidence but pro-
duced other witnesses who testified as
to the contents of the alleged letter.
He sued fer his commission and re-
ceived Judgment in Circuit Judge Me
CHM s court.
The case was appealed to the su
preme court where Justice Bean wrote
Judge McGinn and allowing the com
mission, Upon a rehearing Justice
Benson wrote the opinion handed down
today which reverses both the former
decision of Justice Bean and the iudg
ment of the lower court. Justice Har
rs concurred in the opinion of Justice
Benson and Justice Bean dissented.
In his opinion Justice Benson sale
that tae question to be decided at thi
time was, 1t the alleged memorandum
sufficient to take the case out of tn,
statute of frauds2D In view Of tn,
fact that the alleged letter did no
give any other description of the prop
erty except to state the ownership th
supreme court held that the memoran
dun was not sufficient. The cour
l neld, however, that the exstance of :
! written contract that could not be pro
= duced in evidence might be establishe,
D., by parole evidence.
4 Justice Mcbride recalled the laws o
q Hammurabi in an opinion relative to a.
!. eastern Oregon irrigation case and
!, appears that they had irrigation trouble
1 in Assyria in the ancient days follow
}. ing the flood in which Noah distin
guished himself Hammurabi reigne
, over Assyria 700 years before the tim
= of Moses and the law is the same toda
as in 2250 b. G. says Justice Mcbride
= relative to the maintainance of dyke
and the damages inflicted by the break
ing of these dykes.
: The other cases decided this morn
+ ing follow;
Lucy Belle Mitchell, appellant, VI
p Mary E. Sturtevant, appealed frol
4 Lane county, motion to dismiss appef
allowed, opinion by Justice Benson.
7. A. Barton, appellant, VS.. F. {
i Young ct al, appealed from Malheu
county, appeal dismissed, opinion b
T. Chief Justice Moore.
t j. S. r. Edwards, appellant, VS.. Fir,
mems Fund Insurance company NJ
g pealed from Malheur county, action
# recover on promissory notes, opinion h
Chief Justice Moore, Circuit Judg
Il Biggs Judgment for defendant a
firmed.
c. w. Mallett VS.. S. F. Taylor, a,
pelant, appealed from Malheur coui
J. ty, suit to restrain defendant from pc
mittng water used by him to owe
.. flow plaintiff s land, opinion by Justi,
n Mcbride, Circuit Judge Biggs jud
{. ment affirmed.
n Weiser Land company VS.. Jonn Bo
rer ct al, appellants, appealed fro
IS Malheur county, action to enforce sp
Is cific performance of contract, opinic
by Justice Mcbride, suit dismissed.
Is First National Bank of Ontario v
n Y. NJ. Seaweard ct al, appellants, a
pealed from Malheur county, suit i
70 volving mortgage on real property, o
% inion by Justice Burnett, judgment
ls Circuit Judge Bggs for plaintiff mo
- flied.
n Haynes Commercial company ct al v
7 Daniel Grabill, appellant, suit to for
n close liens for materials and labor, a
~ pealed from Baker county, opinion /
- Justice Benson, Judgment of Circu
:. Judge Anderson for plaintiff modifie
/; King Colony Irrigation company '
- Retta Payne, appellant, appealed fro
Malheur county, suit to recover {
~ notes, opinion by Justice Harris, Ci
~ ~ cult Judge Biggs' judgment for plai
'r tiff reversed.
Title Insurance & Trust company, a
n, pellant, VS.. John b. Coffey, receiv
. for the Northwestern Long Distan
~ Telephone company, appealed fro
Multnomah county, suit TO foreclose
r. mortgage given by telephone compan
le motion to dismiss appeal denied, OPT
1e ion by Justice Benson.
st Estella Peterson W.. Emma 3. Thom
a son ct al, appellants, appealed fro
Douglas, suit TO foreclose mortgage, I
la tition for rehearing denied, opinion
in Justice Burnett.
ir Rebearings were denied In the e
at lowing; State VS.. Butts, Wood Re-
" company w. Wood State w. SchC
er District No. 3, Portland vs. New In
a.. q ~.