Smith v. Jackson
Oregon Supreme Court
From Multnomah: George W. Stapleton, Judge. Department 2.- This cause grows out of a trade of farms alleged to have been made between plaintiff and defendants. It is alleged: ' That plaintiff was the owner of a farm in Marion County; that the defendants claimed to own a farm in Wasco County, and that a trade was arranged, the one for the other.
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From Multnomah: George W. Stapleton, Judge. Department 2.- This cause grows out of a trade of farms alleged to have been made between plaintiff and defendants. It is alleged: ' That plaintiff was the owner of a farm in Marion County; that the defendants claimed to own a farm in Wasco County, and that a trade was arranged, the one for the other. The complaint- proceeds: “Described, pictured, mapped and pointed out to plaintiff, through her said agent, a certain 320 acres of land which they claimed the defendants owned and which is hereinafter referred to as Defendants’ farm * * That plaintiff,…
1Opinion of the CourtBennett, J.
There are two reasons to sustain the plaintiff’s contention that the court erred in granting a judgment on the pleadings.
1. In the first place the plaintiff, we think, had a right to rely upon her cause of action for a breach of the contract, as alleged in the complaint. There is no- direct allegation of fraud, and while fraud or mistake may have been incidental to the substitution alleged — if there was a substitution — -yet if there was also a breach of contract, or failure to carry out the contract, the plaintiff under well-settled doctrine had a right to rely upon the breach and ignore…
2Cases cited4 opinions
- Hood v. SeachrestOregon Supreme Court · 1918
- Hedges v. StrongClackamas County Circuit Court, Oregon · 1868
- Albee v. AlbeeWashington County Circuit Court, Oregon · 1871
- Southwell v. BeezleyOregon Supreme Court · 1874
3Cited by5 opinions
- Wolfgang v. Henry Thiele Catering Co.Oregon Supreme Court · 1929
- Brown v. SiemensOregon Supreme Court · 1926
- Ingerslev v. Goodman.Oregon Supreme Court · 1925
- Rands v. EwingOregon Supreme Court · 1952
- Simmons v. FoxOregon Supreme Court · 1949