Schmidtke v. Keller
Oregon Supreme Court
From Clackamas: Thomas A. McBride, Judge. This was an action by Gottleib Schmidtke and others against George Keller. Plaintiffs had judgment, and defendant appealed. Respondent moved to dismiss the appeal, whereupon appellant moved for a rule to bring up the evidence. After a disposal of these motions, and' a further one to determine whether the proceeding was at law or in equity, the appeal was heard on its merits. Motion to Dismiss Overruled. Motion for Rule Granted.
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From Clackamas: Thomas A. McBride, Judge. This was an action by Gottleib Schmidtke and others against George Keller. Plaintiffs had judgment, and defendant appealed. Respondent moved to dismiss the appeal, whereupon appellant moved for a rule to bring up the evidence. After a disposal of these motions, and' a further one to determine whether the proceeding was at law or in equity, the appeal was heard on its merits. Motion to Dismiss Overruled. Motion for Rule Granted. On Motion for Rule to Certify up Evidence. On Motion to Dismiss Appeal. Per Curiam. The transcript was filed in this case May…
1Opinion of the CourtJustice Wolverton
1. This case seems to have been instituted as an action at law to recover the purchase price named in a mutual agreement entered into between the parties, whereby the plaintiffs, for the consideration of $167.50, to be paid by the defendant on or before the 6th day of February, 1902, agreed to convey to him at the same time a piece of real property containing four and one-half acres, definitely de-^ scribed in said agreement. Plaintiffs allege a tender of the *26deed, its refusal and deposit in the court below for defendant, and demand judgment for the amount of such consideration. A jury was…
2Cases cited2 opinions
- Kanne v. OttyOregon Supreme Court · 1894
- Vandusen v. ShivelyOregon Supreme Court · 1892
3Cited by2 opinions
- Hickey v. DanielOregon Supreme Court · 1921
- Jensen v. WestenskowOregon Supreme Court · 1960