Legal Opinion

Boord v. Kaylor

Oregon Supreme Court

Decided April 26, 1921PublishedCited by 6 opinions

From Multnomah: Calvin U. Gantenbein, Judge. Department 1. This is au action for deceit in fraudulently inducing plaintiff to pay for a relinquishment of a timber and stone entry upon the northeast quarter of section 26, township 21 south, range 3 west of the Willamette Meridian in Lane County.

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From Multnomah: Calvin U. Gantenbein, Judge. Department 1. This is au action for deceit in fraudulently inducing plaintiff to pay for a relinquishment of a timber and stone entry upon the northeast quarter of section 26, township 21 south, range 3 west of the Willamette Meridian in Lane County. The complaint contains a lengthy detail of the facts leading up to the purchase of the relinquishment, the substance of which is as follows: About November 30, 1919, defendant caused to be inserted in a Portland daily newspaper an advertisement offering for sale certain homestead relinquishments, which…

1Opinion of the CourtMcBRIDE, J.

There is an objection that the complaint does not state facts sufficient to constitute a cause of action, and for this reason we have given the substance of the pleadings more fully than would otherwise have been required. There was no demurrer, and this being the case, the court after verdict will be slow to hold that there was no issue to be tried, if, taking the complaint by its four corners, it can reasonably be construed to state an issue, even though the statement may be indefinite.

1. In actions of this character the complaint must show: (1) That the representations were false; (2) that…

2Cases cited1 opinion

  1. Lindstrom v. National Life Ins.Oregon Supreme Court · 1917

3Cited by6 opinions

  1. Karsun v. KelleyOregon Supreme Court · 1971
  2. Sorenson v. GardnerOregon Supreme Court · 1959
  3. Brown v. SiemensOregon Supreme Court · 1926
  4. Leach v. HelmOregon Supreme Court · 1925
  5. State v. GermanOregon Supreme Court · 1939

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