Johnston v. Wadsworth
Oregon Supreme Court
Multnomah County: Loyal B. Stearns, Judge. This is a suit in equity by S. R. Johnston against Philip C. Wadsworth, for the specific performance of a written contract.
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Multnomah County: Loyal B. Stearns, Judge. This is a suit in equity by S. R. Johnston against Philip C. Wadsworth, for the specific performance of a written contract. The complaint alleges that the plaintiff and defendant entered into an agreement whereby the defendant, in consideration of the sums to be paid as alleged, agreed to procure title for plaintiff to certain school lands belonging to the state, and at the same time, and as a part of said agreement, expressly stipulated that if the plaintiff should be dissatisfied with the land at any period within six months from or after the date…
1Opinion of the Court
Mr. Chiee Justice Lord
delivered the opinion of the court:
1. The objection to the jurisdiction, presented by the demurrer, is based on two grounds: First, that the plaintiff has a plain, and adequate remedy at law; and, second, that the suit was not brought within the county in which the land is situated. Upon the first point the contention is that the facts show that the only relief sought is a money judgment, and hence that the plaintiff is not entitled to the remedy of a specific performance unless there were acts alleged which the defendant is required to perform other than the single…
2Cases cited12 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Douglass v. HowlandNew York Supreme Court · 1840
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
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