Davis v. Wilson
Oregon Supreme Court
From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Justice McBride. The complaint states, in substance, that on April 12, 1906, the defendant (Wilson was the owner of certain lands, described in the complaint, and that on said date he undertook and agreed to sell the same to plaintiff for the sum of $1,500, in payment extending from said date up to and including April 12, 1907. That the contract was in writing, duly executed and recorded, and that plaintiff at said date…
Read the full summary
From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Justice McBride. The complaint states, in substance, that on April 12, 1906, the defendant (Wilson was the owner of certain lands, described in the complaint, and that on said date he undertook and agreed to sell the same to plaintiff for the sum of $1,500, in payment extending from said date up to and including April 12, 1907. That the contract was in writing, duly executed and recorded, and that plaintiff at said date paid defendant $25 on account of the purchase price. That said instrument provided that if the payments therein…
1Opinion of the CourtJustice McBride
The complaint is indefinite in many particulars where definiteness is certainly desirable, and a motion to make more definite and certain would have been very opportune. But we think th'at it states a cause of suit sufficiently to be good as against a general demurrer.
1. As shown by the complaint, time was not of the essence of the contract, which seems to have been not a mere option, but a contract of sale, upon which the plaintiff had paid $325.
2. Under such circumstances, before defendant could put plaintiff in default so as to escape specific performance upon tender of the balance due,…
2Cases cited3 opinions
- Frink v. ThomasOregon Supreme Court · 1891
- Burkhart v. HowardOregon Supreme Court · 1886
- Coles v. MeskimenOregon Supreme Court · 1906
3Cited by6 opinions
- Malmberg v. BaughUtah Supreme Court · 1923
- Mascall v. EriksonOregon Supreme Court · 1930
- Comstock Mfg. Co. v. SchiffmannOregon Supreme Court · 1925
- Miller v. BeckOregon Supreme Court · 1914
- Scott v. SmithOregon Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.