Estep v. Bailey
Oregon Supreme Court
From Washington: George E. Bagley, Judge. Department 2. This is an action for the breach of a covenant of warranty contained in a deed. Judgment was rendered in favor of plaintiff from which defendants appeal.
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From Washington: George E. Bagley, Judge. Department 2. This is an action for the breach of a covenant of warranty contained in a deed. Judgment was rendered in favor of plaintiff from which defendants appeal. The facts of the case are in effect as follows: On January 19, 1917, defendants J. W. Bailey and Grace S. Bailey, his wife, being the owners of lot 10 in Oak Park Subdivision of section 35, township 1 north, range 3 west of the Willamette Meridian in Washington County, Oregon, containing 10 acres, sold and conveyed the land to plaintiff L. C. Estep by a deed containing the following…
1Opinion of the Court
BEAN, J. —
1. As plainly stated in appellants’ brief: All tbe questions to be determined on this appeal cluster about and will necessarily be disposed of by tbe determination of tbe last-named point. Tbe plaintiff in tbe case at bar in addition to tbe amount of the Corrieri judgment recovered $50 for attorneys ’ fees in tbe former action. Tbe reasonableness of this fee was not questioned in tbe former action, so there was no necessity for submitting that part of the case to tbe jury; the defendants’ contention being that they were not liable therefor.
2. It is urged by counsel for defendants…
2Cases cited17 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Astoria v. Astoria & Columbia River R.Oregon Supreme Court · 1913
- Fritz v. PuseySupreme Court of Minnesota · 1884
- Clark v. FisherSupreme Court of Kansas · 1894
- Corvallis & Alsea River R. v. Portland E. & E. Ry. Co.Oregon Supreme Court · 1917
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3Cited by19 opinions
- Ford v. WhiteOregon Supreme Court · 1946
- Evans v. FaughtCalifornia Court of Appeal · 1965
- Kester v. AmonMontana Supreme Court · 1927
- Leach v. GunnarsonOregon Supreme Court · 1980
- Hammond v. Oregon & California RailroadOregon Supreme Court · 1926
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