Jameson v. Coldwell

Citations

• 23 Or. 144
• 31 P. 279
• 1892 Ore. LEXIS 119

Syllabus

<p>I. Pleading — Illegal Contract — General Issue.— The illegality or secrecy of a contract sued on must be specially pleaded to be available as a defense; evidence of such matters cannot be offered under the general issue. Buchtel v. Evans, 21 Or. 315 ( 28 Pac. Eep. 67), followed.</p> <p>2. Double Commissions — Agent—Duty to Principal. — An agent may act for both parties to a transaction, and receive commissions from both, provided each party knows of his employment by the other.</p> <p>3. Corporation — Officers.— Officers of a corporation who do not act as its agents or trustees in executing a purchase by it, or occupy a fiduciary relation towards it, may lawfully contract with the vendor for a commission on such sale.</p>