Brown v. Lord
Oregon Supreme Court
Appeal from Yamhill County. The facts are stated in the opinion. To entitle a party to a decree of specific performance upon a parol contract, the proof must be clear and satisfactory, so as to establish the contract to the entire satisfaction of the court, leaving no room for reasonable doubt, a mere preponderance of the proof will not suffice.
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Appeal from Yamhill County. The facts are stated in the opinion. To entitle a party to a decree of specific performance upon a parol contract, the proof must be clear and satisfactory, so as to establish the contract to the entire satisfaction of the court, leaving no room for reasonable doubt, a mere preponderance of the proof will not suffice. (Newson v. Greeniuood, 4 Or. 119; Odell v. Morin, 5 Id. 96; Proudfoot v. Wightman, 78 111. 553; Williamson v. Williamson, 4 Iowa, 279; Wright v. Wright, 31 Mich. 380; Woods v. Farman, 10 Watts (Pa;) 195; Minium v. Baylis, 33 Cal. 129.) When a contract…
1Opinion of the Court
By the Court,
Kelly, C. J.:
This is a suit in equity to enforce the specific performance of a parol contract for the sale of lands, alleged to have been made by James H. Brown, senior, the father of respondent, who died intestate May 30, 1875. The appellants are daughters and heirs in law of the said James H. Brown, and their husbands, who were joined with them as defendants in the suit. The material portions of the complaint are substantially as follows: That at the death of James H. Brown, senior, he was the owner of the lands described in the complaint known as the west one half of his…
2Cases cited3 opinions
- Mahana v. BluntSupreme Court of Iowa · 1865
- Wilmer v. FarrisSupreme Court of Iowa · 1875
- Odell v. MorinOregon Supreme Court · 1873
3Cited by29 opinions
- Cooper v. ThomasonOregon Supreme Court · 1896
- Tigglebeck v. RussellOregon Supreme Court · 1949
- Hunter v. AllenOregon Supreme Court · 1944
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
- Wagonblast v. WhitneyOregon Supreme Court · 1885
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