Davis v. Brigham
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice Eakin. . This is a suit by W. G. Davis against Glen A. Brigham and Kate Brigham, his wife, and the Monroe Timber Company, a corporation (intervenor), to enforce the specific performance of a contract for the sale of real estate.
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From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice Eakin. . This is a suit by W. G. Davis against Glen A. Brigham and Kate Brigham, his wife, and the Monroe Timber Company, a corporation (intervenor), to enforce the specific performance of a contract for the sale of real estate. Plaintiff alleges that defendant Brigham, who resides at Buckley, Michigan, was, in August, 1906, the owner of thd S. V¿ of the S. % of Section 10, Township 15 S., Range 7 W., W. M., in Linn (Lane) County, Oregon, and on that date contracted and agreed in writing with plaintiff, who resided at Seattle,…
1Opinion of the CourtJustice Eakin
1. The first question for consideration is: Was there a contract between defendant Brigham land plaintiff for the sale of the land? We think not. Defendant’s offer of August 25th to sell was not an offer to Mitchell as he was not seeking to purchase, but it authorized Mitchell to bring him a purchaser at the price named within 20 days.
2. Mitchell’s telegram of the 13th was not an acceptance either for himself or for Davis. It was not mutual. Sprague v. Schotte, 48 Or. 609 (87 Pac. 1046). Brigham could have had no remedy thereon. It was simply an effort of Mitchell to bring Brigham and Davis…
2Cases cited15 opinions
- Stanton v. . MillerNew York Court of Appeals · 1874
- Ullsperger v. MeyerIllinois Supreme Court · 1905
- Kelsey v. CrowtherSupreme Court of the United States · 1896
- Campbell v. ThomasWisconsin Supreme Court · 1877
- Robinson v. WellerSupreme Court of Georgia · 1888
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3Cited by15 opinions
- Leadbetter v. PriceOregon Supreme Court · 1921
- Kemmerer v. Title & Trust Co.Oregon Supreme Court · 1918
- ASPINWALL v. RyanOregon Supreme Court · 1951
- Hardy v. SheedyOregon Supreme Court · 1911
- Lusky v. KeiserTennessee Supreme Court · 1913
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