Legal Opinion

Cawston v. Sturgis

Oregon Supreme Court

Decided February 3, 1896PublishedCited by 39 opinions

From. Multnomah.: E. D. Shattuck, Judge. This is an action to recover damages. On the sixteenth of July, eighteen hundred and ninety-one, the plaintiff Sidney Crawston purchased of the defendant Ira B. Sturgis a tract of land in Raven’s View Addition to Portland, known and designated on the plat as lot number five, for the sum of five thousand dollars.

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From. Multnomah.: E. D. Shattuck, Judge. This is an action to recover damages. On the sixteenth of July, eighteen hundred and ninety-one, the plaintiff Sidney Crawston purchased of the defendant Ira B. Sturgis a tract of land in Raven’s View Addition to Portland, known and designated on the plat as lot number five, for the sum of five thousand dollars. His cause of action, as stated in the complaint, is, in substance: That for the purpose of cheating, defrauding, and deceiving him, and inducing him to buy said land, the defendant falsely and fraudulently represented that it contained an area…

1Opinion of the Court

Opinion by

Mr. Chief Justice Bean.

1. Inasmuch as the recovery was entirely on the first cause of action the only questions material to be considered relate to that branch of the case. The evidence given at the trial tended to show that during the negotiations for the sale of the land the de*333fendant represented and stated to plaintiff that it contained an area equal to two and one half lots fifty by one hundred feet in size; that Brown, the engineer who had laid out the addition for him, had computed the area of the lot, and that he had a memorandum of the estimate made by Brown; that plaintiff…

2Cases cited21 opinions

  1. Cooper v. SchlesingerSupreme Court of the United States · 1884
  2. Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
  3. Speed v. HollingsworthSupreme Court of Kansas · 1894
  4. Holcomb v. NobleMichigan Supreme Court · 1888
  5. N. C. Antle & Bro. v. SextonIllinois Supreme Court · 1891

16 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
  2. Selman v. ShirleyOregon Supreme Court · 1938
  3. Sharkey v. Burlingame Co.Oregon Supreme Court · 1929
  4. Duyck v. Tualatin Valley Irrigation DistrictOregon Supreme Court · 1987
  5. Eichelberger v. Mills Land & Water Co.California Court of Appeal · 1908

34 more not listed; retrieve them via the Exa API.

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