Fargo v. Wade
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by George K. Fargo and G. A. Baker against W. T. Wade to recover money.
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From Multnomah: George N. Davis, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by George K. Fargo and G. A. Baker against W. T. Wade to recover money. The facts as far as material herein are that on January 3, 1910, a written agreement was entered into whereby Fred Ewing, who was then the owner in fee of 917.24 acres of land in Wallowa County, Oregon, gave the defendant the right at any time, within five years, to purchase the premises, in consideration for which $150 was paid in advance, and Wade also stipulated to pay a like sum for the years 1911 and 1912 and $250…
1Opinion of the CourtJustice Moore
1. The important question to be considered is whether, the conveyance of the land to the plaintiffs constituted such a breach of Ewing’s agreement as to prevent a recovery of any of the remaining installments. The contract is a mere option whereby the defendant, for a valuable consideration, secured the *480right to elect whether he would, within the time limited, pay for the real property the price stated: 21 Am. & Eng. Ency. Law (2 ed.), 924; 39 Cyc. 1232; Friendly v. Elwert, 57 Or. 599 (105 Pac. 404, 111 Pac. 690, 112 Pac. 1085, Ann. Cas. 1913A, 357). In Ide v. Leiser, 10 Mont. 5, 11 (24 Pac.…
2Cases cited8 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Krebs Hop Co. v. LivesleyOregon Supreme Court · 1908
- Zimmerman v. Sunset Lumber Co.Oregon Supreme Court · 1910
- Friendly v. ElwertOregon Supreme Court · 1909
- De Bow v. WollenbergOregon Supreme Court · 1908
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3Cited by6 opinions
- Strong v. MooreOregon Supreme Court · 1922
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- Dunlap v. Fort Mohave Farms, Inc.Arizona Supreme Court · 1961
- Thompson v. Lincoln National Life InsuranceMontana Supreme Court · 1943
- Slauson v. UsherCourt of Appeals of Oregon · 1979
1 more not listed; retrieve them via the Exa API.