Friendly v. McCullough

Citations

• 9 Or. 109

Syllabus

<p>Chattel Mortgage-Subsequent Advances-Commission-Scrvices.</p> <p>Where a mQi-tgagee of chattels, under an agreement subsequent to the mortgage, agreed to take possession of the property mortgaged (logs, &c.) and manufacture them into lumber, at the mill of the mortgagor, and sell the same, and out of the money realized, after deducting all costs and expenses, to apply the residue on the chattel mortgage: Held, that it was not error to allow for necessary repairs on the mill.</p> <p>When advances have been made on the credit of the property mortgaged, and there are no intervening equities of third parties, and the court below held the property mortgaged liable for the payment of the subsequent, as w'ell as the original debt: Held, there was no error.</p> <p>Where a certain per cent, is agreed to be paid as a commission on .all sales of lumber, for services, and the services have been performed according to the terms of the agreement, and the evidence discloses no undue advantage, imposition or fraud in the transaction: Held, that the party was entitled to his commission.</p>