Hollingsworth v. GENERAL PETROLEUM CORPORATION

McCOLLOCH, District Judge.

The question for decision is whether the established rule in this court of trying fraud “in the consideration” of releases without a jury must be changed, because of Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487. It is contended that the holding of Olston v. Oregon Water Power & R. Co., 52 Or. 343, 96 P. 1065, 97 P. 538, 20 L.R.A.,N.S., 915, to the effect that fraud in the consideration, as well as in the execution of a release, even when under seal, is a legal question, triable by jury, furnishes a rule of substantive law…