Legal Opinion

Tooze v. Heighton

Oregon Supreme Court

Decided March 14, 1916PublishedCited by 6 opinions

From Marion: William Galloway, Judge. Statement by Mr. Justice Harris. B. C. Heighton commenced an action at law against Charles T. Tooze for the recovery of $3,482 on account of the failure of the latter to comply with an alleged agreement concerning land.

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From Marion: William Galloway, Judge. Statement by Mr. Justice Harris. B. C. Heighton commenced an action at law against Charles T. Tooze for the recovery of $3,482 on account of the failure of the latter to comply with an alleged agreement concerning land. The complaint in the action at law alleges that Tooze agreed in writing to sell to Heighton 80 acres of timber land for the sum of $5,000; that Heighton paid $1,000 in property, and was to receive a deed when the balance of the purchase price was paid. The pleading then relates that Heighton and Tooze exchanged their interest in the timber…

1Opinion of the CourtJustice Harris

delivered tbe opinion of tbe court.

Omitting the details and reciting only tbe result of tbe transactions, tbe complaint, in substance, states that Tooze delivered to Heigbton a written contract for tbe sale of tbe hotel upon which Heigbton made substantial payments; that Tooze and Heigbton exchanged their interests in tbe hotel for tbe farm; that Tooze was to deliver to Heigbton a written contract containing specified stipulations for tbe sale of tbe farm in lieu of tbe contract for the sale of the hotel; that Tooze failed to keep any of bis promises; and that Heigbton is therefore entitled…

2Cases cited17 opinions

  1. South Portland Land Co. v. MungerOregon Supreme Court · 1900
  2. Ex parte JermanOregon Supreme Court · 1910
  3. Lumbermen's Nat. Bank v. CampbellOregon Supreme Court · 1912
  4. Ming Yue v. Coos Bay RailroadOregon Supreme Court · 1893
  5. Fire Ass'n v. AllesinaOregon Supreme Court · 1904

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3Cited by6 opinions

  1. Gellert v. Bank of California, National Ass'nOregon Supreme Court · 1923
  2. Hamilton v. Hamilton Mammoth Mines, Inc.Oregon Supreme Court · 1924
  3. HUNT v. BishopOregon Supreme Court · 1951
  4. Jones v. SkilesOregon Supreme Court · 1917
  5. Davis v. First Nat. BankOregon Supreme Court · 1916

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