Rector of St. David's v. Wood
Oregon Supreme Court
Multnomah County: Loyal B. Stearns, Judge. Suit by the rector, wardens, and vestrymen of the Parish of St. David’s, a corporation, against Prank Wood, and Virgil E. Watters, the recorder of conveyances of Benton County, Oregon, to enforce the specific performance of a written contract under seal.
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Multnomah County: Loyal B. Stearns, Judge. Suit by the rector, wardens, and vestrymen of the Parish of St. David’s, a corporation, against Prank Wood, and Virgil E. Watters, the recorder of conveyances of Benton County, Oregon, to enforce the specific performance of a written contract under seal. The facts show that the plaintiff is the owner of certain real property in Portland, Oregon, upon which it is desired to erect a church building; that the defendant Prank Wood is the owner of a stone quarry in Benton County, Oregon, and that on the sixteenth of May, 1892, the parties entered into…
1Opinion of the CourtJustice Moore
The specific performance of a building contract will rarely be enforced (Pomeroy, Specific Performance, § 23) upon the theory, as announced by Sir Lord Kenyon, master of the rolls, in Errington v. Ainsley, 2 Brown, Ch. 341, “that if one person would not build, another might be found who would,” and for the reason given by Lord Thurlow in Lucas v. Commerford, 3 Brown, Ch. 166, “that the court could not undertake to superintend the construction of a building.” Such contracts have in some instances been enforced, but they were exceptions to the general rule, and are clearly stated by Mr. Justice…
2Cases cited1 opinion
- Adams v. MessingerMassachusetts Supreme Judicial Court · 1888
3Cited by6 opinions
- City Stores Company v. AmmermanDistrict Court, District of Columbia · 1967
- McDonough v. Southern Oregon Mining Co.Oregon Supreme Court · 1945
- Southern Oregon Co. v. QuineOregon Supreme Court · 1914
- Tennessee Electric Power Co. v. White CountyCourt of Appeals for the Sixth Circuit · 1931
- Bates v. DanaSupreme Court of Missouri · 1939
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