Davies v. Rea
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Burnett. This is an action by H. H. Davies and George A. Kelly against Don P. Rea and L. Y. Keady.
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From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Burnett. This is an action by H. H. Davies and George A. Kelly against Don P. Rea and L. Y. Keady. The substance of the complaint, which was filed June 13, 1913, is that the Gateway Hotel Company had given its note and mortgage to the plaintiffs and had failed to pay the same at maturity, whereupon the defendants signed a writing which, after reciting the indebtedness and that the plaintiffs here were about to foreclose the mortgage, contained the following stipulation: ‘‘Now, therefore, as holders of and owners of the majority…
1Opinion of the CourtJustice Burnett
The defendants contend that the writing which they signed is not sufficient to charge them under the statute of frauds embodied in Section 808, L. O. L. As applicable to this case the statute reads thus:
“In the following cases the agreement is void unless the same or some note or memorandum thereof, expressing the consideration, be in writing and subscribed by the party to be charged, or by his lawfully authorized agent; evidence, therefore, of the agreement shall not be received other than the writing, or secondary evidence of its contents, in the cases prescribed by law: * * 2. An agreement…
2Cases cited1 opinion
- First National Bank v. CecilOregon Supreme Court · 1892
3Cited by4 opinions
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- Lewis v. SiegmanOregon Supreme Court · 1931
- Ruby v. West Coast Lumber Co.Oregon Supreme Court · 1932
- Van Bebber v. BechillOregon Supreme Court · 1941