Saratoga Inv. Co. v. Kern
Oregon Supreme Court
FromMultnomah: William N. Gatens, Judge. Department 1. Statement by Mr. Justice Harris. This is an action by the Saratoga Investment Company, a corporation, against C. W. Kern, Lncina Kern and PaubW. Cnster. The circumstances which gave rise to this action extend over a period of several months.
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FromMultnomah: William N. Gatens, Judge. Department 1. Statement by Mr. Justice Harris. This is an action by the Saratoga Investment Company, a corporation, against C. W. Kern, Lncina Kern and PaubW. Cnster. The circumstances which gave rise to this action extend over a period of several months. Joseph Unternahrer was the owner of 160 acres of land in Clackamas County, Oregon, and in November, 1910, offered to sell the same for $5,500 to the defendant C. W. Kern, who owned an adjoining tract. Paul W. Custer, having learned that Kern had an option on the 160 acres mentioned, agreed to give the…
1Opinion of the CourtJustice Harris
1. The principal assignments of error relate to the giving of certain instructions. The jury was instructed :
“That the mere fact that C. W. Kern and Lucina Kern took title to said property and executed a mortgage for $3,500 against it and thereafter executed a warranty deed to the defendant Paul W. Custer and took back a separate agreement to the effect that Paul W. Custer would protect them against the said mortgage, that the said acts, of themselves, do not constitute fraud, conspiracy or confederacy as against the plaintiff herein. The mere fact that they transferred this and gave a…
2Cases cited17 opinions
- The Distilled SpiritsSupreme Court of the United States · 1871
- McKenney v. EllsworthCalifornia Supreme Court · 1913
- Stanley v. SmithOregon Supreme Court · 1887
- Patterson v. HaydenOregon Supreme Court · 1889
- Dillard v. Olalla Mining Co.Oregon Supreme Court · 1908
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Federal Deposit Insurance v. SmithOregon Supreme Court · 1999
- Hogan v. Aluminum Lock Shingle Corp.Oregon Supreme Court · 1958
- State v. AusplundOregon Supreme Court · 1917
- State v. HydeOregon Supreme Court · 1918
- Hanson v. SchrickOregon Supreme Court · 1938
14 more not listed; retrieve them via the Exa API.