Legal Opinion

Friendly v. Elwert

Oregon Supreme Court

Decided December 14, 1909PublishedCited by 24 opinions

From Multnomah: Thomas O’Day, Judge. Statement by Mr. Justice McBride. On January 22, 1907, defendant C. M. Elwert entered into an agreement with F. V. Andrews & Co. for the sale of certain property in Portland.

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From Multnomah: Thomas O’Day, Judge. Statement by Mr. Justice McBride. On January 22, 1907, defendant C. M. Elwert entered into an agreement with F. V. Andrews & Co. for the sale of certain property in Portland. The agreement, omitting the description of the property, is as follows: “January 22, 1907. Received of F. V. Andrews & Co., agents, the sum of three hundred ($300) dollars on account of purchase price of ten thousand ($10,000) dollars, for the following real property, in the city of Portland, Multnomah County, Oregon; * * terms of sale are as follows: I am to furnish complete and…

1Opinion of the CourtJustice McBride

1, 2. The contract here is unilateral. The plaintiff nowhere binds himself to perform unless the title should prove to be satisfactory, nor did he contract to forfeit anything in case of failure to perform. If his attorney should, even in the most capricious manner and without assigning any reason therefor, declare the title unsatisfactory, the defendant C. M. Elwert, after going to the trouble and expense of having an abstract prepared, would be compelled to return the $300 paid to her and be without remedy at law or in equity: Church v. Shanklin, 95 Cal. 626 (30 Pac. 789: 17 L. R. A. 207) ;…

2Cases cited7 opinions

  1. Pollock v. BrookoverWest Virginia Supreme Court · 1906
  2. Church v. ShanklinCalifornia Supreme Court · 1892
  3. Johnson v. FullerSupreme Court of Minnesota · 1893
  4. Barker v. CritzerSupreme Court of Kansas · 1886
  5. Weir Investment Co. v. ScattergoodSupreme Court of Colorado · 1908

2 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Strong v. MooreOregon Supreme Court · 1922
  2. Lowe v. HarmonOregon Supreme Court · 1941
  3. Leadbetter v. PriceOregon Supreme Court · 1921
  4. Swentusky v. Prudential Insurance Co. of AmericaSupreme Court of Connecticut · 1933
  5. Kingsley v. KresslyOregon Supreme Court · 1911

19 more not listed; retrieve them via the Exa API.

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