163 P. 978 | Or. | 1917
delivered the opinion of the court.
“(1) If you believe that whatever contract, if any, the plaintiff had, had to do with the sale of real property in addition to the sale of personal property, then your verdict should be for the defendant, for the reason that a contract, a broker’s contract, for the sale of real property, must be reduced to writing, must express a consideration, must be subscribed by the party to be charged. So the question in this ease is largely, what was the contract? # * (2) There must, in order to make a contract, be, among other things, an offer and acceptance; there must be a meeting of the minds. When you retire to your jury room for deliberation upon the questions, you should consider, was there a meeting of the minds between the plaintiff and defendant, as to the contract of employment. If there was no meeting of minds, then your verdict would be for the defendant.”
As to the second instruction, since no transcript of the testimony has been brought up, it will be presumed that- this part of the charge was predicated upon evidence received, and for that reason no error was committed as alleged.
The judgment is, therefore, affirmed. Affirmed.