Lueddemann v. Rudolf

• Citation: 79 Or. 249,154 P. 116
• Parties: LUEDDEMANN ET AL. v. RUDOLF.
• Decision Date: 11 January 1916
• Court: Supreme Court of Oregon

154 P. 116

79 Or. 249

LUEDDEMANN ET AL. v. RUDOLF.

Supreme Court of Oregon

January 11, 1916

Department 1.

Appeal from Circuit Court, Lane County; G. F. Skipworth, Judge.

Action by Max Lueddemann, Ernest L. Lueddemann, and J. B. Ruley, as copartners under the firm name of Lueddemann, Ruley & Co. against William Rudolf to recover $1,000 as broker's commissions claimed to have been earned by the plaintiffs in effecting a sale of the land of the defendant. The complaint was denied, and other issues raised, which are not deemed material for the consideration of the case. From a verdict and judgment in favor of the plaintiffs, the defendant appeals. Reversed.

H. E. Slattery, of Eugene, for appellant. Jesse Stearns of Portland (F. E. Smith, of Eugene, on the brief), for respondents.

BURNETT J.

According to the bill of exceptions the plaintiff Lueddemann testified that on March 16, 1914, he received through the United States mail a letter from the defendant, "Exhibit A" which is here set out:

"Yamhill, Oregon, Mar. 16--14.

"Lueddemann Ruley Company.

"Sir I seen your Ade in the Sunday Orgonian that you had land to trade for a wheat ranch that I would trade for a good dairy ranch. My farm is 5 miles north of Kahlotus, Franklin Co. Wash. consists of 1440 achers, 1300 in cultivation, 650 in fall wheat and 650 to bee summer followed free to buyer. Place rented to Nov. 1st, this fall. My price is $27.00 acher; there is a mortgage of $9025, against it, $1725 due this fall; $1300 next fall; $6000 in 1916. Buildings only fair; small house, barn room for 25 head of horses, well and windmill. SW 1-4 of sec. 12; all sec. 13; all of sec. 14 Town. 14 R. 34. I will give $1000 Com. on a trade or I will give you $1500 on cash sale. In case of cash sale I will cut my price a little. Will give long time with fair cash payment down. Hope to hear from you soon.

"Your truly,

Wm. Rudolf."

The same witness testified that in answer to the foregoing letter he wrote, signed, and mailed to the defendant at his postoffice, Yamhill, Or., the following communication:

"Portland, Oregon, March 21, 1914.

"Mr. William Rudolf, R. 1, Yamhill, Oregon--Dear Sir Replying to your favor of March 16th, the owner of the three places we advertised could not consider your property, as it amounts to more than he would care to undertake. He would assume up to say $4,000 or $5,000, but your property amounts to over $38,000, and he would have to assume over $20,000, so it is out of the question. We are glad, however, to know about your property, as we believe that we can get you a trade. Please let me know whether all of this years crop goes with the place, or is it rented, and if rented, when can you give possession? Are they to plow the Summer fallow even if you trade the place off? How far are you from the nearest station? Is there any running water on your place, or any alfalfa land? Is there any stock and implements included? Would you cut the place in two, that is, would you trade part of it? How high would you go, if you could get a good stocked and equipped dairy farm? Please let me know about these matters, and I will try to put up a good proposition to you as we have a number of things to offer for a good wheat farm.

"Yours truly,

"Lueddemann, Ruley & Co.,

"By Max Lueddemann."

The plaintiffs stated to the court that these two letters constituted the contract of employment, and that they...