Haas v. Dudley
Oregon Supreme Court
From Multnomah: Hartwell Hurley, Judge. Some time prior to September 29, 1892, the plaintiff Jacob Haas purchased of one Shaw certain real property situate in Mt. Tabor Garden Addition, in Multnomah County, Oregon, upon which there was a mortgage to secure the payment of $5,812, and, as part of the purchase price, assumed and agreed to pay $5,712 of the sum so secured.
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From Multnomah: Hartwell Hurley, Judge. Some time prior to September 29, 1892, the plaintiff Jacob Haas purchased of one Shaw certain real property situate in Mt. Tabor Garden Addition, in Multnomah County, Oregon, upon which there was a mortgage to secure the payment of $5,812, and, as part of the purchase price, assumed and agreed to pay $5,712 of the sum so secured. On the date named, plaintiff sold to the defendants W. L. Dudley, T. C. Powell, T. A. Jordan, and W. A. Cardwell a portion of such real property, consisting of 163 lots, and conveyed the same by deed to the defendant Powell, as…
1Opinion of the CourtJustice Wolverton
1. Two questions are presented: First, What is the nature of the defendants’ obligation upon which plaintiff seeks to recover? Is it an absolute obligation to pay plaintiff’s liability, or is it merely an. undertaking of indemnity? And, second, What is the measure of plaintiff’s relief? An undertaking to pay the debt for which another is obligated or has assumed to pay may be sued upon by the obligee and recovery had to the limit of the undertaking, or in so far as the same remains undischarged, as soon as default has been suffered; and this regardless of *358whether the obligee has paid the debt…
2Cases cited14 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Stout v. FolgerSupreme Court of Iowa · 1871
- Dye v. MannMichigan Supreme Court · 1862
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3Cited by16 opinions
- Reid v. WhisenantSupreme Court of Georgia · 1926
- Home v. SellingOregon Supreme Court · 1919
- Henry v. HandOregon Supreme Court · 1899
- Hoffman v. HabighorstOregon Supreme Court · 1907
- Miles v. BowersOregon Supreme Court · 1907
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