Syverson v. Serry
Oregon Supreme Court
From Clackamas: J. TJ. Campbell, Judge. Department 1. This is a suit for a money decree and to foreclose a lien on corporate stock pledged as security for a guaranty contained in a written contract. The defendant prayed for a cancellation of the contract on the ground that it did not conform with the agreement actually made and for the reason that the signature of the defendant had been procured by fraudulent representations.
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From Clackamas: J. TJ. Campbell, Judge. Department 1. This is a suit for a money decree and to foreclose a lien on corporate stock pledged as security for a guaranty contained in a written contract. The defendant prayed for a cancellation of the contract on the ground that it did not conform with the agreement actually made and for the reason that the signature of the defendant had been procured by fraudulent representations. After hearing the evidence, the trial court granted the plaintiffs, M. Syverson and J. W. Moore,- a decree against the defendant John J. Serry, for the sum of $1,000 and…
1Opinion of the CourtHabeis, J.
The controversy arose out of the following written contract:
“Agreement Between John J. Serry, M. Syverson and J. W. Moore.
'“The parties agree to organize the Gates Mill Co., a corporation, with a capitalization of $10,000. Each agrees to subscribe and' pay for $2,000 in stock. Syverson and Moore are to pay cash and Serry is to convey to the corporation the entire present plant and equipment, lease, timber contracts, rights of way, goodwill and all other assets, except lumber now manufactured and accounts receivable of business known as Gates Lumber Company the same to be conveyed free of all…
2Cases cited3 opinions
- Benson v. JohnsonOregon Supreme Court · 1917
- Henry v. HandOregon Supreme Court · 1899
- Gile & Co. v. LasselleOregon Supreme Court · 1918
3Cited by2 opinions
- Schultz v. First Nat. Bk. of PortlandOregon Supreme Court · 1959
- Mattechek v. PughOregon Supreme Court · 1935