Legal Opinion

Corbett v. Wrenn

Oregon Supreme Court

Decided January 29, 1894PublishedCited by 16 opinions

Appeal from Multnomah: E. D. Shattuck, Judge. This is an action by Rebecca Corbett against S. E. Wrenn to recover damages for the breach of a warranty against incumbrances.

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Appeal from Multnomah: E. D. Shattuck, Judge. This is an action by Rebecca Corbett against S. E. Wrenn to recover damages for the breach of a warranty against incumbrances. The facts are that on August fifth, eighteen hundred and eighty-nine, the defendant was the owner of real property in Multnomah County, Oregon, known as Subdivision C in lot one of block five in Portland Homestead; that at said date there was a mortgage thereon executed by one R. H. Blossom, a former owner, to the Franklin Building & Loan Association, to secure the payment of a loan of two thousand three hundred dollars in…

1Opinion of the Court

*310Opinion by

Mr. Justice Moore.

The alleged errors relied upon by the defendant may be divided into two classes: First, the rulings and instructions of the court treating .the action as being for a breach of warranty and not for deceit; and, second, to the rejection of testimony offered by him. The errors assigned under the first class are: 1. In overruling defendant’s motion for a nonsuit. 2. In refusing to instruct the j ury to find for the defendant. 3. In giving the following instructions: “I have already stated to you that the gist of this action is a covenant of warranty against any…

2Cases cited9 opinions

  1. Leland v. StoneMassachusetts Supreme Judicial Court · 1813
  2. Allen v. LeeIndiana Supreme Court · 1848
  3. Pitman v. ConnerIndiana Supreme Court · 1866
  4. White v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1850
  5. Laudman v. IngramSupreme Court of Missouri · 1872

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. L. B. Menefee Lumber Co. v. MacDonaldOregon Supreme Court · 1927
  2. Pearson v. RichardsOregon Supreme Court · 1922
  3. Estep v. BaileyOregon Supreme Court · 1919
  4. Leach v. GunnarsonOregon Supreme Court · 1980
  5. Henry v. HandOregon Supreme Court · 1899

11 more not listed; retrieve them via the Exa API.

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