Rodman v. Manning

• Court: Oregon Supreme Court
• Writing for the Court: [53 Or. 340] MOORE, C.J.
• Citation: Rodman v. Manning, 53 Or. 336, 99 P. 1135 (Or. 1909)
• Decision Date: 23 March 1909
• Parties: RODMAN v. MANNING et al.

99 P. 1135

53 Or. 336

RODMAN v. MANNING et al.

Supreme Court of Oregon

March 23, 1909

On petition for rehearing. Denied. For former opinion, see 99 P 657.

MOORE, C.J.

It is contended by plaintiff's counsel, in a petition for a rehearing herein, that in determining the agency of their client this court passed upon a matter not in issue, and its conclusion is, therefore, a nullity. It is alleged in the answer, in substance, that the plaintiff was a member of a firm of broker known as Coffman, Smith & Rodman, with whom the defendants listed their lands for sale, and that by reason of such confidential relation the price which Rodman was to have received for the real property, without disclosing the consideration to the defendants, rendered their agreement to sell ineffectual. The evidence tended to show that the land was originally registered for sale with a firm composed of Coffman and another, which copartnership was changed several times, until Rodman became a member...