Smith v. Farra
Oregon Supreme Court
Defendant appeals. This is an action to recover seven hundred dollars on an agreement of compromise between plaintiff and the defendant Farra. The facts are these: On July 24,1888, defendant Farra and one Montieth, for three hundred and five dollars in cash, sold and conveyed to plaintiff, by deed containing covenants of title and warranty, lots 7 and 8 in block 4, in West Yaquina, Benton county, Oregon.
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Defendant appeals. This is an action to recover seven hundred dollars on an agreement of compromise between plaintiff and the defendant Farra. The facts are these: On July 24,1888, defendant Farra and one Montieth, for three hundred and five dollars in cash, sold and conveyed to plaintiff, by deed containing covenants of title and warranty, lots 7 and 8 in block 4, in West Yaquina, Benton county, Oregon. In August, 1890, Farra, discovering that he and Montieth did not own the property sold to plaintiff, wrote him the following letter: “ Corvallis, Oregon, August 7,1890. “Mr. Cyrus Smith,…
1Opinion of the CourtBeAN, J.
The only question presented on this record is the validity of the agreement of compromise between plaintiff and defendant under the facts heretofore stated. The contention of defendant is, that for a breach of the covenant of title contained in his deed to plaintiff, the law fixes the measure of damages at the purchase price and interest, and that therefore the claim of plaintiff was a fixed and liquidated one, and in no sense such a doubtful claim as will support an agreement of compromise. Upon this record, it must be conceded that plaintiff had a valid cause of action against defendant for…
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