Annand v. Austin
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Action by Clara J. Annand against Emma M. Austin for money had and received. From a judgment in favor of defendant, plaintiff appealed. Reversed and remanded. Department 1. Statement by Mr. Justice Benson. This is an action for money had and received with a complaint in the usual form.
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From Multnomah: George N. Davis, Judge. Action by Clara J. Annand against Emma M. Austin for money had and received. From a judgment in favor of defendant, plaintiff appealed. Reversed and remanded. Department 1. Statement by Mr. Justice Benson. This is an action for money had and received with a complaint in the usual form. After a general denial, the answer contains the following affirmative allegation: “That during 1914, the plaintiff and the defendant entered into a contract wherein and whereby the defendant, in consideration of the sum of $4000.00, agreed to convey to the plaintiff all…
1Opinion of the CourtJustice Benson
1. Plaintiff presents two contentions: (1) That the abstract of title furnished by defendant shows the title to be unmarketable; and (2) that since the contract pleaded by defendant rests in parol, it is void under the statute of frauds.
It will be observed that the contract pleaded by defendant called for payment as follows: “$500.00 down and when title was found to be marketable by cm abstract of title the plaintiff agreed to pay the further sum of $3,500.00.” From the stipulation of facts it appears that in July, 1914, negotiations were had between the parties hereto regarding a purchase by…
2Cases cited1 opinion
- Kane v. RippeyOregon Supreme Court · 1893
3Cited by6 opinions
- Ford v. WhiteOregon Supreme Court · 1946
- Larsen v. MartinOregon Supreme Court · 1943
- Hooton v. Jarman Chevrolet Co.Oregon Supreme Court · 1931
- Portland v. O'NeillOregon Supreme Court · 1920
- Wurfel v. BocklerOregon Supreme Court · 1922
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