Legal Opinion

Hyde v. Kirkpatrick

Oregon Supreme Court

Decided November 23, 1915PublishedCited by 9 opinions

From Baker: Gustav Anderson, Judge. Statement by Mr. Justice Burnett. This is a suit by H. G. Hyde against Cbauncey Kirkpatrick. , Tbe substance of tbe complaint is tbat about January 9, 1911, tbe plaintiff sold to tbe defendant a stock of groceries, store fixtures and some active accounts due to tbe former in tbe business for wbicb tbe latter agreed to pay $5,880.17; tbat in tbe transaction it was stipulated tbat tbe defendant was to pay some debts, 20 in number, to…

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From Baker: Gustav Anderson, Judge. Statement by Mr. Justice Burnett. This is a suit by H. G. Hyde against Cbauncey Kirkpatrick. , Tbe substance of tbe complaint is tbat about January 9, 1911, tbe plaintiff sold to tbe defendant a stock of groceries, store fixtures and some active accounts due to tbe former in tbe business for wbicb tbe latter agreed to pay $5,880.17; tbat in tbe transaction it was stipulated tbat tbe defendant was to pay some debts, 20 in number, to wholesale merchants owing by tbe plaintiff, a list of wbicb is set out in tbe complaint, including one to tbe Oregon Mill &…

1Opinion of the CourtJustice Burnett

1. In Hughey v. Smith, 65 Or. 323 (133 Pac. 68), the rule about the correction of a mistake in a written instrument is thus declared by Mr. Justice Moore :

“The right of a court of chancery to reform or annul a written contract, the execution of which was induced by the fraud of the defendant, or resulted from the mutual mistake of both parties, is a well-recognized principle of equitable jurisprudence. Such being the case, the only question to be considered is whether or not the complaint herein states facts sufficient to constitute a cause of suit. The rule is settled in this state that, in…

2Cases cited22 opinions

  1. Johnson v. JohnsonIdaho Supreme Court · 1908
  2. Anderson v. AdamsOregon Supreme Court · 1903
  3. Lewis v. LewisOregon Supreme Court · 1874
  4. Hyland v. HylandOregon Supreme Court · 1890
  5. McFarland v. Carlsbad Sanatorium Co.Oregon Supreme Court · 1913

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

3Cited by9 opinions

  1. Boardman v. Insurance Co. of PennsylvaniaOregon Supreme Court · 1917
  2. L. B. Menefee Lumber Co. v. GambleOregon Supreme Court · 1925
  3. Lindstrom v. National Life Ins.Oregon Supreme Court · 1917
  4. Moyer v. RamseyerOregon Supreme Court · 1961
  5. Brown v. BriggsOregon Supreme Court · 1930

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

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