Odell v. Morin
Oregon Supreme Court
Appeal from Yamhill County. • This is' a suit in equity to enjoin the further prosecution of three several actions of ejectment and to enforce the specific performance of a contract for the sale of land. The complaint alleges that in February, 1855, John Odell, the father of the plaintiff, purchased of Laban Morin a portion of his donation land claim and paid him the sum of six hundred dollars, that being the full purchase-price and value thereof.
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Appeal from Yamhill County. • This is' a suit in equity to enjoin the further prosecution of three several actions of ejectment and to enforce the specific performance of a contract for the sale of land. The complaint alleges that in February, 1855, John Odell, the father of the plaintiff, purchased of Laban Morin a portion of his donation land claim and paid him the sum of six hundred dollars, that being the full purchase-price and value thereof. That the contract of purchase was not in writing, but it was agreed between the parties that the said Morin •should, as soon as convenient, execute…
1Opinion of the Court
*98By the Court,
Mosher, J.:
The requisites of a contract for the sale of land, of which the courts will be justified in decreeing a specific performance, are clearly stated by Washington, J., in the case of Colson v. Thompson (2 Wheat. 336): “The contract which is sought to be specifically executed ought not only to be proved, but the terms of it should be so precise as that neither party could reasonably misunderstand them. If the contract be vague or uncertain, or the evidence to establish it be insufficient, .a court of equity will not exercise its extraordinary jurisdiction to enforce it.”
In…
2Cases cited1 opinion
- Colson v. ThompsonSupreme Court of the United States · 1817
3Cited by13 opinions
- Phillips v. JohnsonOregon Supreme Court · 1973
- Leadbetter v. PriceOregon Supreme Court · 1921
- Brown v. LordOregon Supreme Court · 1879
- Wagonblast v. WhitneyOregon Supreme Court · 1885
- Barrett v. SchleichOregon Supreme Court · 1900
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