Deitz v. Stephenson
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Judge. Statement by Mr. Commissioner Slater, This is a suit to enforce the specific performance of the following contract: “This agreement made and entered into this 7th day of November, A. D. 1904, by and between H. L. Stephenson, party of the first part, and A. J. Deitz, party of the second part, witnesseth that: Whereas, the party of the second part has this day agreed to take a one-fourth interest in the property and contents of the Scott…
Read the full summary
From Multnomah: Alfred F. Sears, Judge. Statement by Mr. Commissioner Slater, This is a suit to enforce the specific performance of the following contract: “This agreement made and entered into this 7th day of November, A. D. 1904, by and between H. L. Stephenson, party of the first part, and A. J. Deitz, party of the second part, witnesseth that: Whereas, the party of the second part has this day agreed to take a one-fourth interest in the property and contents of the Scott Hotel, located on the corner of Seventh and Ankeny streets, in the City of Portland, for four thousand dollars…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. This suit, it seems, was brought upon the theory that, by the legal effect of the contract, plaintiff had bought from defendant Stephenson a one-fourth interest in the furniture, fixtures, and business of the Hotel Scott, in the City of Portland, and that Stephenson was the owner of the remaining three-fourths; that having been invested by the latter with the possession thereof, as manager, and afterwards deprived of that possession by him, in violation of the contract, plaintiff is entitled in equity to be restored to that possession, and to be protected…
2Cases cited9 opinions
- Clarno v. GraysonOregon Supreme Court · 1896
- Cooper v. PenaCalifornia Supreme Court · 1863
- McCourt v. JohnsOregon Supreme Court · 1898
- Los Angeles & Bakersfield Oil & Development Co. v. Occidental Oil Co.California Supreme Court · 1904
- Barrett v. SchleichOregon Supreme Court · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Dan Bunn, Inc. v. BrownOregon Supreme Court · 1979
- Parsons v. LipeNew York Supreme Court · 1933
- Moody v. CraneIdaho Supreme Court · 1921
- Kukatli v. JacksonOregon Supreme Court · 1911
- Oregon Fisheries Co. v. Elmore Packing Co.Oregon Supreme Court · 1914
15 more not listed; retrieve them via the Exa API.