Ready v. Schmith
Oregon Supreme Court
• From Wallowa: Thomas H. Crawford, Judge. Statement by Mr. Justice Moore. This is a suit by J. B. Ready against Henry Schmith to enforce the specific performance of a parol contract to convey real property. The facts are, that the defendant is the owner of lot 1, section 4, township 5 north, range 45 east of the Willamette meridian, in Wallowa County, and the plaintiff owns 40 acres of land which joins such lot on the south.
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• From Wallowa: Thomas H. Crawford, Judge. Statement by Mr. Justice Moore. This is a suit by J. B. Ready against Henry Schmith to enforce the specific performance of a parol contract to convey real property. The facts are, that the defendant is the owner of lot 1, section 4, township 5 north, range 45 east of the Willamette meridian, in Wallowa County, and the plaintiff owns 40 acres of land which joins such lot on the south. The parties hereto, about October 1, 1904, made an oral agreement whereby the defendant, in consideration of securing a half interest in a fence owned by the plaintiff,…
1Opinion of the CourtJustice Moore
1. The testimony shows that the second fence built by the plaintiff forms, with the fence on his north boundary, a lane nearly identical with an old trail which extends across his premises, and that he had permitted his neighbors to drive their cattle along such path. The plaintiff, referring to the reason assigned by the defendant for his refusal to convey the premises agreed upon, testified as follows:
“Because I put up a fence and made a lane and let stock go through, and because I didn’t shut up the trail and allow nobody to go through there, he would not make the deed.”
This witness…
2Cases cited2 opinions
- Kabat v. MooreOregon Supreme Court · 1906
- Brown v. Southern Pacific Co.Oregon Supreme Court · 1899
3Cited by3 opinions
- Huff v. DuncanOregon Supreme Court · 1972
- Rumble v. CummingsOregon Supreme Court · 1908
- Hill v. McCrowOregon Supreme Court · 1918