Knight v. Alexander
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. Suit by Portia and Sylvia Knight against Wana Alexander (formerly Wana Miller) and husband, and David Rafferty, as administrator of the estate of William P. Miller, deceased, for the specific performance of a contract to convey real estate.
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From Marion: Reuben P. Boise, Judge. Suit by Portia and Sylvia Knight against Wana Alexander (formerly Wana Miller) and husband, and David Rafferty, as administrator of the estate of William P. Miller, deceased, for the specific performance of a contract to convey real estate. The complaint alleges, in brief, that, in 1884 William P. Miller, the "defendant’s grantor, and N. B. Knight, the plaintiff’s assignor, entered into a mutual agreement, wherein and whereby Miller employed Knight to render and perform certain professional services for him, of the reasonable value of $500, consisting in…
1Opinion of the CourtJustice Bean
The contract sought to be enforced in this suit rests entirely in parol. But, conceding that Knight performed the terms thereof on his part, and that such performance was sufficient to take it out of the statute of frauds, we are of the opinion that the decree must be reversed, because the contract was indefinite and uncertain as to the land to be conveyed. The complaint alleges that Miller agreed to convey to- Knight certain described real estate, but the evidence does not sustain the allegation. From the testimony it appears that at the time of making- the contract Miller was interested in…
2Cases cited9 opinions
- Baldwin v. KerlinIndiana Supreme Court · 1873
- Brown v. LordOregon Supreme Court · 1879
- Preston v. PrestonSupreme Court of the United States · 1877
- Wagonblast v. WhitneyOregon Supreme Court · 1885
- Miller v. CampbellIndiana Supreme Court · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rhode v. GallatSupreme Court of Florida · 1915
- Hyland v. Oregon Agricultural Co.Oregon Supreme Court · 1924
- Woolsey v. DraperOregon Supreme Court · 1921
- Bloech v. Hyland Homes Co.Oregon Supreme Court · 1926
- De Remer v. AndersonNevada Supreme Court · 1918
7 more not listed; retrieve them via the Exa API.