Burns v. Witter
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Chief Justice Moore. This is a suit by James Burns against C. G. Witter and Florence J. Witter, his wife, to enforce the specific performance of the following contract: “This agreement, made between Charles Witter and James Burns, July 19th, 1906, certifies that I have this day bargained to sell my farm containing 40 acres in consideration of $3,000, $100 of which is paid to bind said bargain, the remaining $2,900 to…
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Chief Justice Moore. This is a suit by James Burns against C. G. Witter and Florence J. Witter, his wife, to enforce the specific performance of the following contract: “This agreement, made between Charles Witter and James Burns, July 19th, 1906, certifies that I have this day bargained to sell my farm containing 40 acres in consideration of $3,000, $100 of which is paid to bind said bargain, the remaining $2,900 to be paid Dec. 1st, at which time I give full possession. “C. G. Witter. “Mrs. C. G. Witter.” It is alleged in the…
1Opinion of the Court
*370Opinion by
Mr. Chief Justice Moore.
1. Though the demurrer challenges the entire complaint, the principal part assailed is the contract, a copy of which is set forth therein. An examination of the agreement will show that in attempting to describe the premises, no section, township, range, county, or state, is specified, nor is any town, village, or city designated as being the place where the contract was consummated.
In Bogard v. Barhan, 52 Or. 121, 125 (96 Pac 673, 674) the locality where the memorandum purported to have been executed was held to be the vicinity in which the land intended to…
2Cases cited15 opinions
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Barry v. CoombeSupreme Court of the United States · 1828
- Bogard v. BarhanOregon Supreme Court · 1908
- Colerick v. HooperIndiana Supreme Court · 1852
- Waring v. . AyresNew York Court of Appeals · 1869
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ray v. WoosterSupreme Court of Missouri · 1954
- High v. DavisOregon Supreme Court · 1978
- Roberts v. HummelNevada Supreme Court · 1952
- Stroburg v. WalshCourt of Appeals of Texas · 1918
- McMaster v. RubyOregon Supreme Court · 1916
11 more not listed; retrieve them via the Exa API.