Robertson v. Frey
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by J. C. Robertson against L. B. Frey for damages for fraud and deceit. Tbe cause was tried to tbe court and jury and a verdict rendered in favor of tbe plaintiff. From a judgment rendered tbereon, tbe defendant appeals.
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From Marion: Percy R. Kelly, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by J. C. Robertson against L. B. Frey for damages for fraud and deceit. Tbe cause was tried to tbe court and jury and a verdict rendered in favor of tbe plaintiff. From a judgment rendered tbereon, tbe defendant appeals. It is alleged in tbe complaint (paragraph I), in substance, that in April, 1912, tbe plaintiff and tbe defendant entered into an agreement whereby tbe former agreed to sell and convey to tbe latter certain described real property in tbe City of Salem, Oregon, together with tbe…
1Opinion of the CourtJustice Bean
1. That this is not an action of damages for fraud and deceit, but is in the nature of a suit to rescind a con*603tract, is the alleged error upon which the defendant more particularly relies. This we understand is on account of the allegation in the complaint, to the effect that the plaintiff demanded a rescission, offered a deed to the defendant of the Iowa land, and requested a repayment of $2,500. If this paragraph of the complaint should be treated as surplusage, there would remain sufficient for an action of damages for fraud and deceit.
2. In an action for deceit it is necessary to allege…
2Cases cited10 opinions
- Scott v. WaltonOregon Supreme Court · 1898
- Cawston v. SturgisOregon Supreme Court · 1896
- Van De Wiele v. GarbadeOregon Supreme Court · 1912
- Rolfes v. RusselOregon Supreme Court · 1875
- Barbour v. FlickCalifornia Supreme Court · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Van Lom v. SchneidermanOregon Supreme Court · 1949
- Selman v. ShirleyOregon Supreme Court · 1938
- Sharkey v. Burlingame Co.Oregon Supreme Court · 1929
- Ward v. JensonOregon Supreme Court · 1918
- Caples v. MorganOregon Supreme Court · 1916
7 more not listed; retrieve them via the Exa API.