Legal Opinion

Brice v. Mt. Scott Park Cemetery Corp.

Oregon Supreme Court

Decided March 4, 1919Published

From Multnomah: George G. Bingham, Judge. Department 1. On October 31, 1911, the Mt. Scott Park Cemetery Corporation, through its agent H. R. Reynolds, sold and delivered to George Thomson two of its bonds, aggregating $1,000, and twenty shares of its capital stock of the par value of $25 per share. Thomson paid $1,000 for the bonds and stock. According to the testimony of Reynolds the twenty shares of stock were treated as a bonus.

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From Multnomah: George G. Bingham, Judge. Department 1. On October 31, 1911, the Mt. Scott Park Cemetery Corporation, through its agent H. R. Reynolds, sold and delivered to George Thomson two of its bonds, aggregating $1,000, and twenty shares of its capital stock of the par value of $25 per share. Thomson paid $1,000 for the bonds and stock. According to the testimony of Reynolds the twenty shares of stock were treated as a bonus. Each of the bonds obligates the corporation to pay to George Thomson, or to the recorded owner at the expiration of twenty years from the date of the instrument,…

1Opinion of the CourtHarris, J.

H. R. Reynolds purchased 335 acres of land from the late H. W. Scott. Reynolds had investigated various cemeteries in different parts of the United States and his purpose was to prepare and maintain a modern, well-equipped cemetery. The price was $300 per acre, totaling $100,500 for the entire tract. Reynolds made an initial payment of $20,000 and the remainder was to be paid at times and in amounts not disclosed by the record. At some time, not definitely shown by the testimony, but probably in 1909, Reynolds transferred his interest in the contract to the Mt. Scott Park Cemetery…

2Cases cited3 opinions

  1. Scott v. WaltonOregon Supreme Court · 1898
  2. Churchill v. MeadeOregon Supreme Court · 1918
  3. Hills v. CampbellOregon Supreme Court · 1918

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