96 P. 874 | Or. | 1908
delivered the opinion of the court.
Defendant’s contention is that as the property was listed with two agents, and that Cottrell actually brought Mrs. Lange and defendant together and the sale was thus
“I hereby agree to give a clear bill of sale to the furniture and good will of the rooming house, No. 32314 Washington St. (known as the Raleigh Block), Portland, Oregon, which includes all the furniture on all of the three upper floors of said building, for the sum of seven thousand dollars ($7,000.00), said sale to be made by the 1st day of January, 1905; and I also agree to loan the purchaser, Mrs. Lange, four thousand dollars, said four thousand dollars to be secured by a first mortgage on said furniture, the principal to be paid off five hundred dollars each quarter, with interest. Said interest is to be at the rate of 8 per cent per annum. It is understood that Jennings & Co. are to get their commission over and above said seven thousand dollars. Done this 23d day of December, 1904. L. Trummer.”
Although plaintiffs did not actually introduce Mrs. Lange to the defendant, it was not necessary that they do so. They did advise him of the prospective sale and of the name of the purchaser, and, if defendant dealt with her as the result of such information, then plaintiffs brought them together; and the evidence was sufficient to be submitted to a jury on that question. Miss Lange, who is the daughter of Mrs. Lange and was her agent in this transaction, had agreed with the plaintiffs as to the terms of the sale, except that she desired to make a deposit of only $10, instead of $100, as asked by plaintiffs. This fact is evidenced by a blank receipt drawn up in the presence .of Miss Lange and read over and assented' to by her, except as to the $100 deposit required thereby.
“I read it over, and I said: T don’t see that this is the sold option. It looks to me like he has the privilege to sell it at this price if he can do so before that time.’
Q. And you considered that you had an opening to get in?
A. Mr. Trummer seemed to be of the, same opinion.
Q. He thought that did not give him the exclusive option, and he told you you could go ahead?
A. He said: ‘You can have it at the same price.’ ”
This was before Cottrell had seen Mrs. Lange. Trummer testifies that at the same conversation he told Cottrell to go ahead and make the sale.
The judgment is affirmed. Affirmed.