65 P. 85 | Or. | 1901
after stating the facts, delivered the opinion of the court.
The court instructed the jury that “If there was a contract between the plaintiff and the defendant whereby plaintiff was to have the privilege of selling defendant’s land at $3,000, and was to have five per cent commission on such sale, but reserving to defendant the right to himself sell, provided he should not sell for less than $3,000, and pursuant to that agreement plaintiff did procure a purchaser to defendant ready, able, and willing to purchase at a price and on terms satisfactory to .the defendant, defendant not having himself sold the land, then plaintiff would be entitled to his commission.’’ The plaintiff’s counsel having excepted to this instruction, it is contended that the court erred in giving it.