Wilson v. McCarthy
Oregon Supreme Court
From Multnomah: David R. Parker, Judge. Department 2. Statement by Mr. Justice Bean. This is a suit in equity by Sophia R. Wilson against E. P. McCarthy and Nellie M. Rogers to rescind a certain contract wherein the plaintiff exchanged the Mercedes Rooming-house, situated in the City of Portland, for 80 acres of land located in Cowlitz County, State of Washington. From a decree in favor of plaintiff, defendant Nellie M. Rogers appeals.
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From Multnomah: David R. Parker, Judge. Department 2. Statement by Mr. Justice Bean. This is a suit in equity by Sophia R. Wilson against E. P. McCarthy and Nellie M. Rogers to rescind a certain contract wherein the plaintiff exchanged the Mercedes Rooming-house, situated in the City of Portland, for 80 acres of land located in Cowlitz County, State of Washington. From a decree in favor of plaintiff, defendant Nellie M. Rogers appeals. It appears from the record that plaintiff was the owner of personal property consisting of the furniture and furnishings of the rooming-house known as the…
1Opinion of the CourtJustice Bean
It is needless to detail the evidence in the case. It is sufficient to say that the same sustains the claim of plaintiff. That McCarthy misrepresented the facts to plaintiff is not seriously questioned. It clearly appears that McCarthy and Bodimer acted together in the interests of defendant Nellie M. Rogers, and that the three made substantially the same statement to plaintiff in regard to the land. The question is: Can she retain the fruit of such deceit!
1. The actual fact of conspiring may be inferred from circumstances, and the concurring conduct of the defendants need not be directly…
2Cases cited10 opinions
- Elwell v. . ChamberlinNew York Court of Appeals · 1864
- Griswold v. GebbieSupreme Court of Pennsylvania · 1889
- Haskell v. StarbirdMassachusetts Supreme Judicial Court · 1890
- Cloyes v. EckernOregon Supreme Court · 1912
- Grover v. HawthorneOregon Supreme Court · 1911
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3Cited by7 opinions
- State v. HydeOregon Supreme Court · 1918
- Smith v. MillsOregon Supreme Court · 1924
- Owen v. JonesOregon Supreme Court · 1913
- Connecticut Mutual Life Insurance v. CarsonMissouri Court of Appeals · 1914
- Bauer v. Northwest Blowpipe Co.Oregon Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.