Hyde v. Kirkpatrick
Oregon Supreme Court
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
- Johnson v. JohnsonIdaho Supreme Court · 1908
- Anderson v. AdamsOregon Supreme Court · 1903
- Lewis v. LewisOregon Supreme Court · 1874
- Hyland v. HylandOregon Supreme Court · 1890
- McFarland v. Carlsbad Sanatorium Co.Oregon Supreme Court · 1913
17 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Boardman v. Insurance Co. of PennsylvaniaOregon Supreme Court · 1917
- L. B. Menefee Lumber Co. v. GambleOregon Supreme Court · 1925
- Lindstrom v. National Life Ins.Oregon Supreme Court · 1917
- Moyer v. RamseyerOregon Supreme Court · 1961
- Brown v. BriggsOregon Supreme Court · 1930
4 more not listed; retrieve them via the Exa API.