Legal Opinion

Palmiter v. Hackett

Oregon Supreme Court

Decided December 30, 1919PublishedCited by 19 opinions

From Hood River: Feed W. Wilson, Judge. Department 1. The substance of the complaint is that the plaintiffs were the owners of some acreage in Hood River County and the defendants Nelson Hackett and W. A. Hackett were the owners of a certain lot in Portland.

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From Hood River: Feed W. Wilson, Judge. Department 1. The substance of the complaint is that the plaintiffs were the owners of some acreage in Hood River County and the defendants Nelson Hackett and W. A. Hackett were the owners of a certain lot in Portland. The property of the plaintiffs was encumbered by a mortgage of $1,600, that'of the defendants by two mortgages aggregating $3,100. Negotiations were opened for an exchange of properties and, as the plaintiffs allege, for the purpose of inducing them to make the exchange the defendants represented: ‘ ‘ That' said lot was improved with a…

1Opinion of the CourtBurnett, J.

The vital contention in the suit is whether the representation of the defendants about the *16rentability of the property was fraudulent. The testimony is to the effect that the negotiations about the trade began early in December, 1918, and continued until January 27, 1919, when a contract was entered into outlining the terms of the exchange, followed by an exchange of deeds February 6, 1919. When the transaction was first broached, the defendants told the plaintiff Palmiter that the property was rented, the upper story as an apartment wherein a family was residing, and the ground floor as a…

2Cases cited4 opinions

  1. Crossen v. MurphyOregon Supreme Court · 1897
  2. Boelk v. NolanOregon Supreme Court · 1910
  3. Weikel v. SternsCourt of Appeals of Kentucky · 1911
  4. Owen v. JonesOregon Supreme Court · 1913

3Cited by19 opinions

  1. Musgrave Et Ux. v. Lucas Et Ux.Oregon Supreme Court · 1951
  2. Schuler Et Ux. v. Humphrey Et Ux.Oregon Supreme Court · 1953
  3. Heise v. Pilot Rock Lumber Co.Oregon Supreme Court · 1960
  4. Dahl v. Crain Et Ux.Oregon Supreme Court · 1951
  5. Johnson v. CoferOregon Supreme Court · 1955

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