Kelly v. Ruble

By the Court,

Waldo, J.:

The complaint alleges that on the first day of July, 1878, the respondent bound himself by an agreement in writing to convey to I. N. Muncy, for $30,000, to be paid in installments of $10,000 in two weeks, two months and four months, seven mining claims in Jackson county, Oregon.

The respondent owned but one of these claims, but contracts to convey to him are alleged to have existed between him and the owners. Some of these contracts are shown to have been verbal, and in the others the writings have not been produced. They must, therefore, all be held to stand on the…