Kruse v. Bush
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Action by M. Kruse against H. P. Bush and A. E. Borthwick for money had and received as payments on contracts for the purchase of real property. Plaintiff elects to rescind on the ground of fraudulent representations made by the agent of defendant Borthwick. A verdict was returned and judgment entered thereon in favor of plaintiff and defendants appeal. Affirmed. Department 2. Statement by Mr. Justice Mc-Camant.
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From Multnomah: George N. Davis, Judge. Action by M. Kruse against H. P. Bush and A. E. Borthwick for money had and received as payments on contracts for the purchase of real property. Plaintiff elects to rescind on the ground of fraudulent representations made by the agent of defendant Borthwick. A verdict was returned and judgment entered thereon in favor of plaintiff and defendants appeal. Affirmed. Department 2. Statement by Mr. Justice Mc-Camant. This is an action for money had and received, brought by plaintiff in her own right and as assignee of Mrs. D. E. Tanna. The first count in the…
1Opinion of the CourtJustice McCamant
1. The defendants challenge the right of plaintiff to maintain her action for money had and received, claiming that rescission is an equitable remedy and that plaintiff has no remedy at law except an action for damages. This contention is reserved by the demurrer to the amended complaint and by motions for a nonsuit and for a directed verdict, exceptions being taken to the denial of these motions. It is said in 39 Cyc. 1253, with reference to contracts for the purchase of real estate, that:
“Fraud renders the contract voidable at the option of the injured party and entitles him to rescission…
2Cases cited7 opinions
- Cooper v. Hillsboro Garden TractsOregon Supreme Court · 1915
- Jeffreys v. WeeklyOregon Supreme Court · 1916
- Koehler v. DennisonOregon Supreme Court · 1914
- T. B. Potter Realty Co. v. BreitlingOregon Supreme Court · 1916
- Sperry v. StennickOregon Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McCabe v. KelleherOregon Supreme Court · 1918
- Milton v. HareOregon Supreme Court · 1929
- Cameron v. Edgemont Investment Co.Oregon Supreme Court · 1931
- Hanna v. HopeOregon Supreme Court · 1917
- Federici Et Ux v. LehmanOregon Supreme Court · 1962
11 more not listed; retrieve them via the Exa API.