Whitney Co. v. Smith
Oregon Supreme Court
Submitted on Briefs without argument. From Clatsop: JAMES A. Eakin, Judge. Statement by Mr. Justice Burnett. This is a suit by the Whitney Company, Limited, against John Smith, for the specific performance of an agreement, in writing, to convey real property.
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Submitted on Briefs without argument. From Clatsop: JAMES A. Eakin, Judge. Statement by Mr. Justice Burnett. This is a suit by the Whitney Company, Limited, against John Smith, for the specific performance of an agreement, in writing, to convey real property. After alleging its authority to do business as a corporation in the State of Oregon, the complaint states, in substance, that during the year 1902 defendant was in possession and claimed to be the owner of certain described real property in Clatsop County; that subsequently, on December 28, 1903, under proceedings to collect delinquent…
1Opinion of the CourtJustice Burnett
1. At the hearing the following occurred on the question of tender: A witness for the plaintiff was asked this -question:
“What, if anything, did you do toward tendering this sum of money to Mr. Smith?
“A. It was offered, I think, by Mr. Edwards — John D. Edwards, of our firm — and offered in gold or notes, or by Mr. Spencer, I am not certain which of the gentlemen, or, perhaps, both; but Mr. Smith reported to me. He claimed he did not understand what they were at, and he would not have anything to do with it; his wife would not sign the deed; and consequently he would not take the money.”
Defend…
2Cases cited25 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- State v. HammelsyOregon Supreme Court · 1908
- Livesley v. Krebs Hop Co.Oregon Supreme Court · 1910
- Clifton v. CharlesCourt of Appeals of Texas · 1909
- West v. Washington Railway Co.Oregon Supreme Court · 1907
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3Cited by13 opinions
- State v. HydeOregon Supreme Court · 1918
- Title & Trust Co. v. Durkheimer Investment Co.Oregon Supreme Court · 1936
- Duby v. HicksOregon Supreme Court · 1922
- Wetherby v. GriswoldOregon Supreme Court · 1915
- McIntosh Livestock Co. v. BuffingtonOregon Supreme Court · 1923
8 more not listed; retrieve them via the Exa API.