Banks v. Crow
Oregon Supreme Court
Appeal from Douglas County. The complaint charges that the defendant agreed with the plaintiff for the consideration of $800, to sell and convey to the plaintiff a certain farm described in tlie complaint, a certain town lot also described, and twenty bogs designated — that the said sum has been duly paid to the defendant in gold coin; that defendant has executed a sufficient deed “to apart only of the real property,” and has refused, and still refuses to deliver the hogs,…
Read the full summary
Appeal from Douglas County. The complaint charges that the defendant agreed with the plaintiff for the consideration of $800, to sell and convey to the plaintiff a certain farm described in tlie complaint, a certain town lot also described, and twenty bogs designated — that the said sum has been duly paid to the defendant in gold coin; that defendant has executed a sufficient deed “to apart only of the real property,” and has refused, and still refuses to deliver the hogs, and that the plaintiff has been damaged $180 by the refusal to deliver the hogs. The answer denies making the alleged…
1Opinion of the CourtUpton, J.
It requires no argument to show that parol evidence was inadmissible to prove the contract set up in the complaint. The position assumed by the respondent is, that the case may bo treated as if no mention had been made of the town lot; that the contract being for the sale of a tract of land and certain personal property, and the land being conveyed, and thereby that part of the contract required to be in writing being performed, the statute of frauds does not apply. He cites Irvin v. Stone, 6 Cush. 593; Rond v. Macher, 11 Cush. 1; Davenport v. Mason, 15 Mass. 85; Benedict v. Beebe, 11 John,…
2Cases cited2 opinions
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- Wilson v. RayIndiana Supreme Court · 1859
3Cited by5 opinions
- Rugh v. SoleimOregon Supreme Court · 1919
- Denn v. PetersOregon Supreme Court · 1900
- Jewell v. HarperOregon Supreme Court · 1953
- Darst v. MedunaWashington Supreme Court · 1942
- Jewell v. HarperOregon Supreme Court · 1953