Livesley v. Johnston
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. Suit by T. A. Livesley and John J. Roberts to require John Johnston to specifically comply with a contract to sell plaintiffs certain hops, other parties being made defendants because they were connected with the possession of the property. The suit was dismissed on demurrer to the complaint, from which order plaintiff appealed.
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From Marion: Reuben P. Boise, Judge. Suit by T. A. Livesley and John J. Roberts to require John Johnston to specifically comply with a contract to sell plaintiffs certain hops, other parties being made defendants because they were connected with the possession of the property. The suit was dismissed on demurrer to the complaint, from which order plaintiff appealed. Defendant’s motion to dismiss the appeal was overruled, and the case reversed on the merits, both opinions being written by Mr. Justice Wolverton. Additional facts appear in the opinions. Motion Overruled : Reversed. Decided 4…
1Opinion of the CourtJustice Wolverton
2. In support of the demurrer it is first insisted that the contract or agreement set out, upon which the suit is founded, and which it is sought to have specifically performed, is lacking in the essential of mutuality of obligations between the contracting parties, and is therefore without validity or binding effect. The plaintiffs stand upon the agreement, and, of course, assert its legal efficacy. They insist, first, that it does contain mutual obligations which alone render it binding upon both parties; but, if not, that it at least has the force and effect of an option accorded the…
2Cases cited37 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Gormley v. ClarkSupreme Court of the United States · 1890
- Sweeney v. United StatesSupreme Court of the United States · 1884
- Dustan v. . McAndrewNew York Court of Appeals · 1870
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3Cited by34 opinions
- Blish v. Thompson Automatic Arms Corp.Supreme Court of Delaware · 1948
- Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
- Hall v. DunnOregon Supreme Court · 1908
- Herzog v. RossSupreme Court of Missouri · 1946
- Temple Enterprises, Inc. v. CombsOregon Supreme Court · 1940
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