Endicott v. Digerness
Oregon Supreme Court
From Marion: George G. Bingham, Judge. In Banc. This suit involved the ownership of certain personal property consisting of sawmill machinery and tools. From a decree rendered in favor of plaintiff defendant appealed.
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From Marion: George G. Bingham, Judge. In Banc. This suit involved the ownership of certain personal property consisting of sawmill machinery and tools. From a decree rendered in favor of plaintiff defendant appealed. The facts in the case are these: On May 6, 1919, defendant, N. Digerness, entered into a written contract with P. E. Brown, F. H. Brown and E. L. Comstock whereby defendant agreed to sell and these persons agreed to purchase a sawmill outfit known as the Taylor sawmill at the price of $5,500, $500 of which was paid at that time. In regard to the payment of the balance and title…
1Opinion of the CourtBean, J.
1. Defendant having answered to the merits and prayed for equitable relief, a court of equity has jurisdiction of tbe cause. Plaintiff proceeds upon tbe contention tbat defendant is estopped from asserting tbat be is tbe bolder of tbe title to any of tbe property in controversy; tbat be waived title to tbe property by causing tbe action at law to be commenced by tbe First National Bank of Silverton against tbe Comstock-Brown-Alm Company for tbe recovery of tbe $2 per thousand feet of lumber manufactured and sold under tbe terms of tbe contract. This was after defendant bad taken possession of…
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