Hubbard v. Scott
Oregon Supreme Court
From Jackson; George F. Skipworth, Judge. Department 1. Statement by Mr. Justice Harris. This is an action for damages. William Scott and A. B. Saling signed a writing for the sale of 1,365 acres of land owned by Scott. For the sake of convenience the writing will be designated as an option.
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From Jackson; George F. Skipworth, Judge. Department 1. Statement by Mr. Justice Harris. This is an action for damages. William Scott and A. B. Saling signed a writing for the sale of 1,365 acres of land owned by Scott. For the sake of convenience the writing will be designated as an option. It is dated December 31, 1908, and, so far as it is material here, reads thus: “I, William Scott * in consideration of fifty dollars paid monthly in advance to me in hand paid by A. B. Saling, do hereby agree to sell and convey to said A. B. Saling, or unto his heirs, assigns and legal representatives,…
1Opinion of the CourtJustice Harris
The complaint alleges in general terms that the statements and conduct of Scott prevented the plain*10tiffs from selling the land; but there is neither allegation nor evidence to show that the language or acts cf Scott deterred any specified person or persons from buying. The plaintiffs do not allege that they were negotiating with any named person who would have purchased had it not been for the statements and conduct of Scott. The plaintiffs contend that they are not obliged to allege or prove special damages, while the defendant argues that the action cannot be sustained unless the plaintiffs…
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