Giroux v. Bockler
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. In Banc. This is a suit, among other things, to compel the specific performance of a written agreement signed by the defendant to purchase the capital stock of the Durkee Mercantile Company, a corporation operating a general store at Durkee, in Baker County.
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From Baker: Gustav Anderson, Judge. In Banc. This is a suit, among other things, to compel the specific performance of a written agreement signed by the defendant to purchase the capital stock of the Durkee Mercantile Company, a corporation operating a general store at Durkee, in Baker County. The complaint, after alleging the ownership of the stock by plaintiff, sets up an agreement, which is as follows: “This agreement made by and between Maurice Giroux, J. T. Giroux and J. I. Giroux doing business as Giroux Bros., and Charles Bockler; the said Giroux Bros, agree to sell to Charles Bockler…
1Opinion of the CourtMcBRIDE, J.
The length of the pleadings and the volume of the testimony have necessitated a preliminary statement exceeding the usual compass, and even with every abridgment possible it is difficult to make the issues tried entirely clear.
Leaving out of consideration the question of fraud assigned by the defendant as a reason for not complying with the terms of his agreement,'we must determine by the terms of that covenant what the defendant promised to buy and plaintiffs agreed to sell. All previous negotiations and conversations of the parties, so far as the contract is not affected by false…
2Cases cited4 opinions
- Young v. HamiltonSupreme Court of Georgia · 1910
- Kelly v. PierceNorth Dakota Supreme Court · 1907
- Pasha v. BohartMontana Supreme Court · 1912
- Smith v. MayorThe Superior Court of the City of New York and Buffalo · 1888
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