Malzer v. Schisler
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. En Banc. Statement by Mr. Justice Eakin. This is an action by Charles H. Malzer, against Henry Schisler to recover a balance due on the purchase price of land. Plaintiff sold a certain tract of land to defendant for the consideration of $1,700, and by defendant’s direction conveyed the tract directly to Denny.
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From Wallowa: John W. Knowles, Judge. En Banc. Statement by Mr. Justice Eakin. This is an action by Charles H. Malzer, against Henry Schisler to recover a balance due on the purchase price of land. Plaintiff sold a certain tract of land to defendant for the consideration of $1,700, and by defendant’s direction conveyed the tract directly to Denny. Defendant paid $700 cash at the time of the contract, and assumed and agreed to pay a mortgage then existing on the land in the sum of $800. This left a balance of $200, which defendant agreed to pay within a few days. The complaint alleges that he…
1Opinion of the CourtJustice Eakin
Defendant makes but one point upon the appeal, namely, that the agreement of sale was in parol, and therefore that a promise by defendant to pay the $200 cannot be established. We understand the rule in such a case to be that where there is an oral agreement for the sale of land, and the property has been conveyed to the vendee, the agreement is so far executed that it is thereby taken out of the statute of frauds. In an action to recover the balance of the purchase price the agreement to pay may be shown by parol, including the consideration for the promise to pay. In 39 Cyc. 1918, it is…
2Cases cited8 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Cagger v. . LansingNew York Court of Appeals · 1871
- McLeod v. DespainOregon Supreme Court · 1907
- Cooper v. ThomasonOregon Supreme Court · 1896
- Feldman v. McGuireOregon Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Willamette Quarries, Inc. v. WodtliOregon Supreme Court · 1989
- Parthenon Construction & Design, Inc. v. NeumanCourt of Appeals of Oregon · 2000
- Nelson v. McElroySupreme Court of Minnesota · 1918
- Wiggins v. Barrett & Associates, Inc.Court of Appeals of Oregon · 1981
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