Epplett v. Empire Inv. Co.
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. In Banc. The plaintiff, Winnie Epplett, is attempting in this action, brought against the Empire Investment Company, Inc., a corporation, to recover installments paid by her on a land sale contract. The parties consenting, the canse was tried to the court without the aid of a jury. There was a judgment for the defendant, and the plaintiff appealed. There is no bill of exceptions. There is no transcript of evidence.
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From Multnomah: John P. Kavanaugh, Judge. In Banc. The plaintiff, Winnie Epplett, is attempting in this action, brought against the Empire Investment Company, Inc., a corporation, to recover installments paid by her on a land sale contract. The parties consenting, the canse was tried to the court without the aid of a jury. There was a judgment for the defendant, and the plaintiff appealed. There is no bill of exceptions. There is no transcript of evidence. The appeal is presented upon a record which consists only of the pleadings and findings made by the trial court. The plaintiff contends…
1Opinion of the CourtHarris, J.
The plaintiff argues that, on the facts as found by the court, she is entitled to a judgment. This argument proceeds on the theory that the defendant’s letter of March 26th constituted a repudiation. and rescission of the contract. Defendant meets this argument by saying that the letter of March 26th was an affirmance of the forfeiture clause in the contract and, therefore, was not a repudiation and rescission of the contract. Under the rules as established by prior precedents in this state, the question as to whether the letter of March 26th was a wrongful act and therefore amounted to a…
2Cases cited12 opinions
- Maffet v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Mitchell v. HughesOregon Supreme Court · 1916
- Cornely v. CampbellOregon Supreme Court · 1920
- Higinbotham v. FrockOregon Supreme Court · 1906
- Kemmerer v. Title & Trust Co.Oregon Supreme Court · 1918
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3Cited by33 opinions
- Grider v. TurnbowOregon Supreme Court · 1939
- County of Lincoln v. FISCHEROregon Supreme Court · 1959
- Stockmen's Supply Co. v. JenneIdaho Supreme Court · 1951
- Paine v. Meier & Frank Co.Oregon Supreme Court · 1933
- Johnson v. FeskensOregon Supreme Court · 1934
28 more not listed; retrieve them via the Exa API.