Guthrie v. Thompson
Oregon Supreme Court
Appeal from Multnomah. In this case, a decree, pro forma, was entered, for the defendant, before Chief-Justice Wait, at the Multnomah Circuit, and the case is brought here by appeal. The bill states— First.
Read the full summary
Appeal from Multnomah. In this case, a decree, pro forma, was entered, for the defendant, before Chief-Justice Wait, at the Multnomah Circuit, and the case is brought here by appeal. The bill states— First. That Guthrie, being the owner, of what is known as the Abernethy Island and Mills, at the Willamette Palls, in Oregon City, on the 15th day of October, 1858, executed to Thompson his promissory note for the sum of five thousand seven hundred and fifty dollars, payable two years from date, or sooner, if Guthrie could do so, to draw interest at: fifteen per cent., if not paid in one year…
1Opinion of the CourtBoise, J.
There is, perhaps, sufficient evidence to establish the valuation by Wilcox and Nelly.
The only evidence of the execution and tender of a deed is, that Guthrie had a deed made out to the property described in the contract; but the witness does not know whether the deed was properly witnessed, or in proper form; and there is no evidence tending to show that any deed was ever tendered to Thompson; and, consequently, there is an utter failure to prove the tender. And the counsel for Guthrie admit that the proof of tender is very scant, and maintain that no tender, was necessary; that it was the…
2Cited by10 opinions
- May v. EmersonOregon Supreme Court · 1908
- Dan Bunn, Inc. v. BrownOregon Supreme Court · 1979
- Huszar v. Certified Realty CompanyOregon Supreme Court · 1973
- Elliott v. BozorthOregon Supreme Court · 1908
- Coles v. MeskimenOregon Supreme Court · 1906
5 more not listed; retrieve them via the Exa API.