Cone v. Gilmore
Oregon Supreme Court
From Tillamook: Webster Holmes, Judge. Statement by Mr. Justice Benson. This is a suit by W. S. Cone, George Williams and Henry Jordan against W. H. Gilmore, Robert Watt, J. T. Nevins, J. M. Bodle, W. L. Provost, David Rhodes, E. G. Lantz, Bay City, a municipal corporation, and W. Proctor, Jr. The facts are as follows: In the year 1912, the defendant Proctor, as relator, instituted a suit against Bay City and its mayor and council, wherein the validity of the incorporation…
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From Tillamook: Webster Holmes, Judge. Statement by Mr. Justice Benson. This is a suit by W. S. Cone, George Williams and Henry Jordan against W. H. Gilmore, Robert Watt, J. T. Nevins, J. M. Bodle, W. L. Provost, David Rhodes, E. G. Lantz, Bay City, a municipal corporation, and W. Proctor, Jr. The facts are as follows: In the year 1912, the defendant Proctor, as relator, instituted a suit against Bay City and its mayor and council, wherein the validity of the incorporation of the defendant city was attacked. This suit was prosecuted to a final decree in this court, in which the defendants…
1Opinion of the CourtJustice Benson
The first assignment of error challenges the sufficiency of the complaint. Plaintiffs contend very earnestly that the agreement on the part of Proctor and the city officials, as set out in the complaint, discloses a void, unconscionable contract, which is against *353public policy. Defendants insist with equal energy that it is a perfectly honorable and legitimate transaction. Neither, however, have cited any authorities in support of their contentions, and we have not been able in our own investigation to find a case directly in point. However, the principle involved is fairly illuminated in the…
2Cases cited1 opinion
- Parker, Clerk v. State ex rel. PowellIndiana Supreme Court · 1892
3Cited by8 opinions
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- Harmon v. Mt. Hood Meadows, Ltd.Court of Appeals of Oregon · 1997
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