S. J. Cox Real Estate Co. v. French
S. J. Cox Real Estate Co. v. French
Opinion of the Court
Action for commission for sale* of real estate as real estate agents. Trial hy jury, verdict for defendant and plaintiffs have appealed.
Defendant was the owner of a farm in Oregon county which was sold to one Davidson. Plaintiff is a real estate firm composed of S. J. Cos and John Morrison. Morrison' went with Davidson to defendant’s farm and the farm was looked over and there was some conversation about the price between Davidson and the defendant. About a week later Davidson went back and bought the farm from defendant. The question at. issue on the trial was whether or not Morrison was the inducing cause of the negotiations which resulted in the shle, being started.
Plaintiffs contend error was committed in the admission of testimony on behalf of defendant and in instructions given to the jury in his behalf. Davidson, who purchased the land, was introduced as a witness on behalf of defendant and after stating that he had purchased the farm from defendant was asked the following question.
Four instructions on part of defendant were given, all of which are objected to. Numbers 1 and 2 both relate to the burden of proof , and are unobjectionable. No. 3 is as follows:
“No. 3* Although you may find and believe that Morrison went with Davidson to the farm of French, and upon their arrival at such farm French and Davidson entered into negotiations which finally resulted in Davidson buying the farm, still plaintiffs would not be entitled to recover unless they have shown by the greater weight of the evidence that they were the procuring cause of such purchase.” The fact that Morrison had gone with Davidson to defendant’s farm at the date negotiations were opened for this purpose was not disputed but it was contended that Morrison did not induce Davidson to g*o but that it was through Davidson’s brother that he went, and in view of the testimony of Davidson that his brother had told him of the place and that he was intending to go see it before Morrison spoke to him about it, the instruction was warranted by the issues made and the testimony.
Instruction No. 4 is as follows:
“No. 4. Before the plaintiffs can recover they must show by the greater weight of the evidence that they were the prime cause of the purchase of said land by Davidson from defendant.” We are unable to see any reason for this instruction. The court had, in the other instructions, given very full and fair instructions covering every possible phase of the case and we cannot
Case-law data current through December 31, 2025. Source: CourtListener bulk data.