Neilson v. Title Guaranty & Surety Co.
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Justice Harris. The plaintiff, William Neilson, owned 12 lots in a tract of land known as “Buena Vista Orchards” in Wasco County, Oregon.
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From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Justice Harris. The plaintiff, William Neilson, owned 12 lots in a tract of land known as “Buena Vista Orchards” in Wasco County, Oregon. On July 20, 1911, 0. Masters contracted to clear and plow all the lots, and was to receive $5,700, “or $71.25 per acre,” for certain designated lots, and $400 for the work to be done on the remaining lots, aggregating $6,100 for the entire work which the parties agreed “shall be completed not later than February 1, 1912.” It was also stipulated that: “On or before the fifth day of each…
1Opinion of the CourtJustice Harris
In addition to what has already been stated a recital must be made of some of the facts found by the trial court, for the reason that the surety contends that it is entitled to a judgment on those facts. Neil-son paid $100 to Masters on September 5, 1911, $400 *425on October 3d, and $500 on November 1st, upon estimates of the work completed as provided in the contract. On November 18, 1911, however, Neilson departed for Boston and New York City, where he remained continuously until the following March, and while there he sent $500 to Masters on December 5th, $200 on December 11th and $1,200 on…
2Cases cited12 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Atlantic Trust & Deposit Co. v. Town of LaurinburgCourt of Appeals for the Fourth Circuit · 1908
- Bross v. McNicholasOregon Supreme Court · 1913
- Humphry v. PortlandOregon Supreme Court · 1916
- Fidelity & Deposit Co. v. AgnewCourt of Appeals for the Third Circuit · 1907
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3Cited by8 opinions
- Wasco Co. v. New England Equitable Ins.Oregon Supreme Court · 1918
- Fitzgerald v. NealOregon Supreme Court · 1924
- Hagey v. Massachusetts Bonding & InsuranceOregon Supreme Court · 1942
- Mfg. Co. v. . BlaylockSupreme Court of North Carolina · 1926
- Robinson Manufacturing Co. v. BlaylockSupreme Court of North Carolina · 1926
3 more not listed; retrieve them via the Exa API.