Miller v. Weaver
Oregon Supreme Court
From Union: John W. Knowles, Judge. Statement by Me. Chief Justice Mooee. This is an action by Wm. Miller and A. C. Miller, doing business under tbe firm name and style of Wm. Miller & Bro., against J. R. Weaver to recover money. Tbe facts are that tbe defendant purchased from H. Towner a farm near Elgin, Oregon, tbe title to wbicb was encumbered by a mortgage of $2,000 in favor of tbe state land board.
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From Union: John W. Knowles, Judge. Statement by Me. Chief Justice Mooee. This is an action by Wm. Miller and A. C. Miller, doing business under tbe firm name and style of Wm. Miller & Bro., against J. R. Weaver to recover money. Tbe facts are that tbe defendant purchased from H. Towner a farm near Elgin, Oregon, tbe title to wbicb was encumbered by a mortgage of $2,000 in favor of tbe state land board. Weaver, to evidence a part of tbe purchase price, executed to tbe vendor a mortgage of tbe premises for $5,500, with interest, wbicb amount matured in the fall of 1911. Towner at that time…
1DissentJustice Burnett
delivered the following dissenting opinion.
1. In substance, the plaintiffs allege that about November 1, 1912, the defendant executed and delivered *602to them an agreement in writing to the -effect that he would pay them $220 on demand if they would procure for him a loan of $5,500 for five years to be secured by a first mortgage upon his land, and that, if upon .examination of title to the realty it was found to be unsatisfactory, or if for any other reason the defendant was unable or unwilling to consummate the loan, he would pay plaintiffs the stipulated fee. They further aver performance of…
2Cases cited24 opinions
- Sutherlin v. BloomerOregon Supreme Court · 1907
- Weidert v. State Insurance Co.Oregon Supreme Court · 1890
- Wilson v. WilsonOregon Supreme Court · 1894
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Edmonson v. PhillipsSupreme Court of Missouri · 1880
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