Cooper v. Hillsboro Garden Tracts
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Harris. McLain Cooper seeks to cancel 10 land contracts, only one of which was made with him, while the others were signed by different persons. Tbe Hillsboro Garden Tracts, a private corporation, paid $85,000 for 473 acres of land, known as tbe Connell farm, and then platted and subdivided most of tbe property.
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From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Harris. McLain Cooper seeks to cancel 10 land contracts, only one of which was made with him, while the others were signed by different persons. Tbe Hillsboro Garden Tracts, a private corporation, paid $85,000 for 473 acres of land, known as tbe Connell farm, and then platted and subdivided most of tbe property. Fifty or 60 acres of the tract are located within the city limits of Hillsboro and close to the courthouse; and the remainder lies just beyond the municipal boundaries. The contracts were all signed by the defendant, but…
1Opinion of the CourtJustice Harris
1, 2. This record presents a situation where the plaintiff seeks to rescind, not only his own contract to purchase land, but also to cancel nine similar agreements which had been executed by different persons and afterward assigned to him, predicating his prayer for relief upon representations which related either to the land itself, or to what the defendant would do,- or the purchaser could do. The defendant interposes an objection at the very threshold of the inquiry; and the Hillsboro Garden Tracts contends that the complaint does not sufficiently plead fraud, and that therefore it is…
2Cases cited33 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
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