Welch v. Johnson
Oregon Supreme Court
From Multnomah: "William N. Gatens, Judge. Department 1. , The object of this litigation is to determine whether a deed, delivered to A. Welch, should be reformed by striking out a provision which purports to obligate Welch to pay a note and mortgage held by John R. Johnson.
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From Multnomah: "William N. Gatens, Judge. Department 1. , The object of this litigation is to determine whether a deed, delivered to A. Welch, should be reformed by striking out a provision which purports to obligate Welch to pay a note and mortgage held by John R. Johnson. On October 28, 1911, John R. Johnson sold and conveyed a tract of orchard land in the Hood River section to Lillie J. Scott Ricord for the agreed price of $13,500. Lillie J. Scott Ricord paid $3,000 in cash and she and her husband gave their note to Johnson for $10,500 for the balance of the purchase price. The note was…
1Opinion of the CourtHabeis, J.
1. The appellant contends that the allegations in the first cause of suit do not comply with the rule that the complaint, in cases of this kind, should distinctly show what was the original agreement of the parties, and should point out with clearness and precision wherein there was a mistake, and should show that the mistake did not arise from the gross negligence of the plaintiff: Lewis v. Lewis, 5 Or. 170, 177. The complaint does distinctly show what was the original agreement and it also points out precisely wherein there was a mistake. A demurrer to the first cause of suit might have…
2Cases cited33 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Taylor v. Glens Falls InsuranceSupreme Court of Florida · 1902
- Lewis v. LewisOregon Supreme Court · 1874
- Cadman v. SmithSupreme Court of Oklahoma · 1905
- Hyland v. HylandOregon Supreme Court · 1890
28 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Johnson v. UnderwoodOregon Supreme Court · 1922
- Caine v. PowellOregon Supreme Court · 1948
- Wolfgang v. Henry Thiele Catering Co.Oregon Supreme Court · 1929
- L. B. Menefee Lumber Co. v. GambleOregon Supreme Court · 1925
- Holzmeyer v. Van DorenOregon Supreme Court · 1943
22 more not listed; retrieve them via the Exa API.