61 P. 849 | Or. | 1900
after making the foregoing statement of the facts, delivered the opinion.
The evidence shows that some time in the winter of 1896 or 1897 the plaintiff and defendant Lack entered into an arrangement whereby it was agreed that, if plaintiff shoúld furnish Lack with a customer or customers to whom he should be able to sell mining property, they would divide the brokerage; and that a short time thereafter, at the Seven Devils, in- Idaho, the plaintiff met Zwickey and Van Zandt, who had been sent out by defendant Whitaker to look for mining property for him. At his solicitation and upon his request they were induced to and did go to Baker City, the plaintiff giving them a letter of introduction to Lack, and at the same time advising him by private letter that they would soon be over
Lack immediately, or soon thereafter, demanded of Leming a commission or brokerage for the sale of the property, and, after considerable correspondence and negotiations, it was arranged in April, 1899, as a compromise, that Lack should be paid $2,500 in full settlement of his claim. In pursuance of this agreement, two drafts for $1,250 each, one on Leming and the other on Whit
Reversed on Condition.