Imbrie v. Hartrampf
Oregon Supreme Court
From Washington: George R„ Bagley, Judge. Department 2. The purpose of this suit is to enforce specific performance of a contract under which the plaintiff agreed to sell, and the defendant agreed to purchase, 166 acres of land situated in Washington County, Oregon.
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From Washington: George R„ Bagley, Judge. Department 2. The purpose of this suit is to enforce specific performance of a contract under which the plaintiff agreed to sell, and the defendant agreed to purchase, 166 acres of land situated in Washington County, Oregon. The contract expressly provides that in the event the plaintiff is unable to convey a marketable title in fee simple to the premises, free from all encumbrances, then the defendant is relieved from making payment for the land. The defendant has refused to perform the contract and to make payment of the purchase price of the land,…
1Concurrence
BURNETT, C. J.,
Specially Concurring in the Result. — This is a suit by the seller to enforce specific performance of a contract whereby the defendant agreed to buy certain lands, provided the plaintiff had a fee-simple title thereto. The plaintiff derives title under the will of his father, Robert Imbrie, who died January 5, 1897. Other clauses of the testament devise lands to the sons of the testator in fee, but the title of the plaintiff depends upon and is affected by two clauses, the seventh and the twelfth. The seventh reads thus:
“I give, bequeath and devise to my son, Ralph Imbrie, all…
2Cases cited26 opinions
- Estate of LawrencePennsylvania Orphans' Court, Philadelphia County · 1890
- Appeal of CogginsSupreme Court of Pennsylvania · 1889
- Bartlett v. SearsSupreme Court of Connecticut · 1908
- Hollander v. Central Metal & Supply Co.Court of Appeals of Maryland · 1908
- Graham v. WhitridgeCourt of Appeals of Maryland · 1904
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