Larrabee v. Bjorkman
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Burnett. This is a suit by A. A. Larrabee and Jane Larrabee, his wife, against Erik Bjorkman and Frida Bjorkman, his wife, to enforce specific performance of a contract for the sale of real property.
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From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Burnett. This is a suit by A. A. Larrabee and Jane Larrabee, his wife, against Erik Bjorkman and Frida Bjorkman, his wife, to enforce specific performance of a contract for the sale of real property. The written agreement reads thus: “June 4th, 1914. “A. A. Larrabee, first party, owns lot 7, block 66, Stephen’s Addition to Portland, Oregon, which he hereby agrees to sell to Erik Bjorkman, second party, for a total consideration of thirty-five hundred dollars, as follows: “Second party agrees to assume $2,000.00 first mortgage at…
1Opinion of the CourtJustice Burnett
1, 2. For the first time the defendants urge in this court that the complaint does not state facts sufficient to constitute a cause of suit, in that it does not appear therefrom that the plaintiffs were the owners of the property, a sale of which they seek to enforce. On this point we observe that the agreement itself, which the testimony conclusively shows was signed by both the plaintiffs and the defendants, recites at the very outset that: “A. A. Larrabee, first party, owns lot 7, block 66, Stephen’s Addition to Portland, Oregon.” It is further stated in the complaint that the plaintiffs…
2Cited by9 opinions
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- Chatterton v. LukerIdaho Supreme Court · 1945
- Public Market Co. v. City of PortlandOregon Supreme Court · 1938
- Tyrrell-Combest Realty Co. v. MullenCourt of Appeals of Texas · 1925
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