Hulsey

Hulsey v. Lindeman

Good Law
145 F. App'x 193
United States Court of Appeals for the Ninth CircuitJuly 26, 2005No. 04-35239California347 words

Opinion

Lead Opinion

MEMORANDUM ***

Greg Hulsey appeals from the summary judgment in favor of Michael Lindeman in Hulsey’s diversity action for breach of contract, promissory estoppel, and quantum meruit. Hulsey argues that the district court erroneously applied Oregon’s Statute of Frauds to an alleged oral contract he had with Lindeman to pay Hulsey a finder’s fee if Hulsey found a buyer for Lindeman’s property. We affirm.

Oregon Revised Statutes § 41.580(l)(g) clearly applies to the oral contract at issue here and bars Hulsey’s recovery under well-established Oregon Supreme Court precedent. See, e.g., Lueddemann v. Rudolf, 79 Or. 249 , 154 P. 116 (1916); Taylor v. Peterson, 76 Or. 77 , 147 P. 520 (1915); Sorenson v. Smith, 65 Or. 78 , 129 P. 757 (1913).

Hulsey argues that more recent Oregon Supreme Court cases have recognized equitable exceptions to the Statute of Frauds for part performance and estoppel, and that those exceptions should be applied to his case since he performed his end of the alleged deal and since he relied on Lindeman’s alleged promises to his detriment. See, e.g., Willamette Quarries, Inc. v. Wodtli 308 Or. 406 , 781 P.2d 1196 (1989); Stevens v. Good Samaritan Hosp. & Med.…

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