House v. Jackson
Oregon Supreme Court
Multnomah County: Geo. H. Burnett, Judge. Action by E. House against Ellen L. Jackson and William R. Jackson for the specific performance of a contract to convey certain land. From a decree dismissing the complaint, plaintiff appeals. The rule that a court of equity will not compel the specific performance of unilateral contracts is not applicable to a case of the kind before us.
Read the full summary
Multnomah County: Geo. H. Burnett, Judge. Action by E. House against Ellen L. Jackson and William R. Jackson for the specific performance of a contract to convey certain land. From a decree dismissing the complaint, plaintiff appeals. The rule that a court of equity will not compel the specific performance of unilateral contracts is not applicable to a case of the kind before us. Where a contract is entered into which is intended by one or both parties to be binding upon both, and it is found that for some reason it cannot be enforced against one party, — under such circumstances the party…
1Opinion of the CourtJustice Moore
This is a suit brought by the appellant against the respondents to compel the specific performance of a contract to sell real property, contained in the following agreement: —
“This indenture of lease made and entered into on this nineteenth day of January, 1887, by and between Ellen L. Jackson and Wm. R. Jackson, her husband, of Washington County, Oregon, parties of the first part, and J, B. Haley, of Multnomah County, Oregon, party of the second part, witnesseth: That the said parties of the first part, for and in consideration of the yearly rental of one hundred and fifty dollars, and the…
2Cases cited9 opinions
- Smiley v. FriesIllinois Supreme Court · 1882
- Souffrain v. McDonaldIndiana Supreme Court · 1866
- Truett v. AdamsCalifornia Supreme Court · 1884
- Whiteaker v. VanschoiackOregon Supreme Court · 1873
- Pennington v. FlockIndiana Supreme Court · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Smith v. BanghamCalifornia Supreme Court · 1909
- Oregon Growers' Co-operative Ass'n v. LentzOregon Supreme Court · 1923
- Bogard v. BarhanOregon Supreme Court · 1908
- Clarno v. GraysonOregon Supreme Court · 1896
- Horgan v. RussellNorth Dakota Supreme Court · 1913
59 more not listed; retrieve them via the Exa API.