Stretch v. Murphy

The plaintiff as executrix of the last will of Annie Boggs, deceased, brought this action against C. W. Murphy to recover damages for his alleged violation of the terms of a contract whereby he agreed not to assert that a certain mortgage given by him was a purchase price mortgage. From a judgment in favor of the plaintiff the defendant appeals.

In June, 1931, Leon Boggs and Annie Boggs, Ms wife, entered into a contract with the defendant herein to sell to him 72.5 acres of land in Lane county for a price of $20,000, of wMch amount $250 was paid on the execution of the contract and the further…