Paulson v. Weeks
Oregon Supreme Court
From Multnomah: Robert Gr. Morrow, Judge. Department 2. Statement by Mr. Justice Harris. L. L. Paulson commenced this action to recover $6,500 which he paid to F. 0. Weeks for 11,250 shares of the capital stock of the Big Hill Coal Mining Company, an Oregon corporation. The plaintiff has appealed from a judgment which was entered for the defendant after a demurrer to the amended complaint had been sustained and the plaintiff had refused to plead further.
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From Multnomah: Robert Gr. Morrow, Judge. Department 2. Statement by Mr. Justice Harris. L. L. Paulson commenced this action to recover $6,500 which he paid to F. 0. Weeks for 11,250 shares of the capital stock of the Big Hill Coal Mining Company, an Oregon corporation. The plaintiff has appealed from a judgment which was entered for the defendant after a demurrer to the amended complaint had been sustained and the plaintiff had refused to plead further. On February 26, 1907, the defendant was the owner of 7,500 shares of stock, which he had acquired from one White, and he had also contracted…
1Opinion of the CourtJustice Harris
1. Reducing the pleading to its substance, it discloses a situation where Weeks agreed to sell 11,250 shares of stock; 7,500 shares were delivered and paid for on February 26, 1907, and the remaining 3,750 shares were delivered and paid for on February 2, 1909. The agreement for the sale provides that “if plaintiff should at any time thereafter become dissatisfied with the purchase,” the defendant would repay the purchase money, with interest. Paulson became dissatisfied on July 1, 1911, but it does not appear that he gave notice of his dissatisfaction until November 25, 1914, when he says he…
2Cases cited15 opinions
- Fitzpatrick v. . WoodruffNew York Court of Appeals · 1884
- Johnston v. . TraskNew York Court of Appeals · 1889
- Shellar v. ShiversSupreme Court of Pennsylvania · 1895
- Fletcher v. LyonSupreme Court of Arkansas · 1909
- McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
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3Cited by10 opinions
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- TORRENS v. COMMISSIONERUnited States Board of Tax Appeals · 1934
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