Miller v. Beck
Oregon Supreme Court
From. Marion: Percy E. Kelly, Judge. Department 1. Statement by Mr. Justice Burnett. On December 20, 1910, tbe Hubbard Investment Company entered into a written contract with W. F. Miller, the plaintiff here, whereby it agreed to sell to him, and he agreed to buy from the company, realty in Marion County owned by it and described thus: “All of tracts numbered twenty-four (24) and twenty-five (25) of the Dimick Homestead Tracts, which said tracts are duly recorded in the…
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From. Marion: Percy E. Kelly, Judge. Department 1. Statement by Mr. Justice Burnett. On December 20, 1910, tbe Hubbard Investment Company entered into a written contract with W. F. Miller, the plaintiff here, whereby it agreed to sell to him, and he agreed to buy from the company, realty in Marion County owned by it and described thus: “All of tracts numbered twenty-four (24) and twenty-five (25) of the Dimick Homestead Tracts, which said tracts are duly recorded in the office of the county recorder of said Marion County, Oregon; also a right of way for road purposes along tracts 82 and 33 of…
1Opinion of the CourtJustice Burnett
The lots were sold as noted in the contract with reference to a recorded plat of the tracts mentioned, a copy of which was introduced in evidence without objection. Delineated on this plat is a roadway along the east boundary, of the premises which the plaintiff agreed to purchase. The west line of lot 25 is common with the east boundary of lot 33, immediately north of which is lot 32, bordering upon another roadway outlined upon the map.
1. In our judgment, when the defendant accepted from the company the deed with the condition already noted, notified the plaintiff of his ownership of the…
2Cases cited7 opinions
- Frink v. ThomasOregon Supreme Court · 1891
- Graham v. MerchantOregon Supreme Court · 1903
- Feldman v. McGuireOregon Supreme Court · 1899
- Higinbotham v. FrockOregon Supreme Court · 1906
- Armsby v. Grays Harbor Commercial Co.Oregon Supreme Court · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Silfvast v. AsplundMontana Supreme Court · 1933
- Denning v. BaileyOregon Supreme Court · 1924
- Thompson v. Lincoln National Life InsuranceMontana Supreme Court · 1943
- Cameron v. Edgemont Investment Co.Oregon Supreme Court · 1935
- Ratcliffe v. Union Oil Co. of Calif.Oregon Supreme Court · 1937
5 more not listed; retrieve them via the Exa API.