Oregon Supreme Court December 12, 1904 (Wollenberg v. Rose)

Mr. Justice Wolverton

delivered the opinion.

On October 1, 1892, S. Marks and A. Marks were doing business under the firm name of S. Marks & Oo., at which time they entered into a verbal contract with the defendant Rose to convey to him certain real property for the consideration of $1,500, see this case on former appeal, 41 Or. 314 (68 Pac. 804).