Weiser Land Co. v. Bohrer
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice McBride. This is a suit by the Weiser Land Co., a corporation, against Josephine Bohrer and John Bohrer, to compel specific performance by defendants of a covenant to release certain land from the operation of a mortgage given by plaintiff to defendants. In August, 1912, plaintiff’s grantors, who resided in Weiser, Idaho, entered into a contract to purchase certain lands of the defendants situated in Malheur County.
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From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice McBride. This is a suit by the Weiser Land Co., a corporation, against Josephine Bohrer and John Bohrer, to compel specific performance by defendants of a covenant to release certain land from the operation of a mortgage given by plaintiff to defendants. In August, 1912, plaintiff’s grantors, who resided in Weiser, Idaho, entered into a contract to purchase certain lands of the defendants situated in Malheur County. Thereafter the plaintiff corporation was organized in Idaho and took over the contract, and having made a preliminary…
1Opinion of the CourtJustice McBride
1. The testimony as to whether plaintiff was doing-business in this state was largely extracted from its officers, who were necessarily unwilling witnesses; but we think that it sufficiently shows these facts: That *206the plaintiff corporation was organized in Weiser, Idaho, after plaintiff’s assignor had made the contract of purchase, and that the principal, if not sole, object of its organization, was to purchase, hold and dispose of the property in controversy. 'It is true that the corporate articles state:
“That the general nature of the business of this corporation shall be to buy, own,…
2Cases cited4 opinions
- Commercial Bank v. ShermanOregon Supreme Court · 1896
- George R. Barse Live Stock Co. v. Range Valley Cattle Co.Utah Supreme Court · 1897
- Hirschfeld v. McCullaghOregon Supreme Court · 1912
- Johnson v. SeabobgOregon Supreme Court · 1913
3Cited by6 opinions
- Hemphill v. OrloffMichigan Supreme Court · 1927
- Bankers Holding Corp. v. MayburyWashington Supreme Court · 1931
- The Alpha Corp. v. Multnomah Co.Oregon Supreme Court · 1948
- Hoffstater v. JewellIdaho Supreme Court · 1921
- Electric Railway Securities Co. v. HendricksMichigan Supreme Court · 1930
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