Rowley v. Hager
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Chief Justice Eakin. This is an action by E. M. Rowley against Frank A. Hager, F. R. Schikora and the Woodburn Orchard Company, a corporation.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Chief Justice Eakin. This is an action by E. M. Rowley against Frank A. Hager, F. R. Schikora and the Woodburn Orchard Company, a corporation. The facts are as follows: The defendant Woodburn Orchard Company entered into an agreement with E. M. Rowley to sell to him tract numbered 33 of the Woodburn Orchard Company tracts, at the price of $2,200, $200 to be paid in cash and the balance in monthly installments, beginning March 14, 1910, the contract of sale bearing date the 14th day of February, 1910. As an inducement to enter into said…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin. Mr. Justice Burnett dissents.
1. It is necessary first to determine whether the agreement of February 10, 1910, is the obligation of *249Schikora or of the Woodburn Orchard Company, being signed by “F. R. Schikora, President Woodburn Orchard Go., Inc.”
2. Plaintiff relies upon the opinion in Guthrie v. Imbrie, 12 Or. 182 (6 Pac. 664: 53 Am. Rep. 331), as decisive of this question in his favor. The judgment of the circuit court in that case was affirmed because there were only two members of the court participating in the decision. One was for affirmance and the…
2Cases cited7 opinions
- Dunn v. MackeyCalifornia Supreme Court · 1889
- J. T. Mathews & Co. v. Dubuque Mattress Co.Supreme Court of Iowa · 1893
- Perry v. City of Cedar FallsSupreme Court of Iowa · 1893
- Guthrie v. ImbrieOregon Supreme Court · 1885
- Ross v. Gold Ridge Mining Co.Idaho Supreme Court · 1908
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3Cited by2 opinions
- Geer v. FarquharOregon Supreme Court · 1974
- Lee v. StateCourt of Special Appeals of Maryland · 1986