Schwedler v. First State Bank
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Department 2. Plaintiff appeals from a judgment sustaining a demurrer to his complaint. The action is brought to recover damages for fraud and deceit.
Read the full summary
From Multnomah: Calvin U. Gantenbein, Judge. Department 2. Plaintiff appeals from a judgment sustaining a demurrer to his complaint. The action is brought to recover damages for fraud and deceit. The substance of the allegations of the complaint is as follows: After the averment of the incorporation of the defendant State Bank, it is alleged in paragraph II that plaintiff was the- owner, subject to a mortgage of $5,000, of certain real property near Gresham, Oregon, describing the same by metes and bounds. Paragraph III. That prior to the twenty-fourth day of March, 1914, W. S. Brande was the…
1Opinion of the CourtBean, J.
1. It is not alleged or claimed by plaintiff that the Cornutt place was not purchased in accordance with' the instructions of plaintiff, or that plaintiff directed defendant Meyers to purchase the place on the condition that plaintiff could sell his $35,-000 farm, or that the place which he purchased was of any less value than the sum paid therefor. The conveyance of the “Cornutt place” to plaintiff was made on or before March 24, 1914. This action was commenced on September 21, 1916. It might fairly be supposed that a $21,000 farm would yield some rent and profit. It does not appear from the…
2Cases cited3 opinions
- Smith v. DayOregon Supreme Court · 1901
- Dalton v. KelseyOregon Supreme Court · 1911
- Hood v. SeachrestOregon Supreme Court · 1918
3Cited by9 opinions
- Securities-Intermountain, Inc. v. Sunset Fuel Co.Oregon Supreme Court · 1980
- Dowell v. MossbergOregon Supreme Court · 1961
- Vaughn v. LangmackOregon Supreme Court · 1964
- Pace v. Edgemont Investment Co.Oregon Supreme Court · 1931
- Dowell v. MossbergOregon Supreme Court · 1961
4 more not listed; retrieve them via the Exa API.