Friendly v. Ruff
Oregon Supreme Court
From Multnomah: JOHN B. CLELAND, Judge. Statement by Mr. Justice Burnett. This is an action by H. M. Friendly and M. S. Friendly, purchasers in an executory contract for the sale of land, against G. C. Ruff and Fanny Ruff to recover damages for breach by the latter of the contract, on the ground that they would not convey to the plaintiffs the fee simple estate as agreed, and could not, on account of a defect in their title.
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From Multnomah: JOHN B. CLELAND, Judge. Statement by Mr. Justice Burnett. This is an action by H. M. Friendly and M. S. Friendly, purchasers in an executory contract for the sale of land, against G. C. Ruff and Fanny Ruff to recover damages for breach by the latter of the contract, on the ground that they would not convey to the plaintiffs the fee simple estate as agreed, and could not, on account of a defect in their title. It is substantially conceded in the complaint and answer that the contract was made about April 21, 1908; that the plaintiffs paid down $150, and on the 1st of June were…
1Opinion of the CourtJustice Burnett
By the traversed allegations of the complaint, the plaintiffs have assumed the burden “of proving that the title of the defendants was defective in a specified particular, to wit, that the predecessor of the defendants had conferred a right and privilege upon Peeler and Sutton to enter upon the land and construct and maintain a canal or ditch over the same, for the purpose of *45conveying water to the lands of the licensees, that they were in possession thereof prior to the time for consummating the purchase between plaintiffs and defendants, and refused to surrender possession to either of the…
2Cases cited11 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Gilmore v. NortonSupreme Court of Kansas · 1872
- Skottowe v. Oregon Short Line, Ry. Co.Oregon Supreme Court · 1892
- Vance v. WoodOregon Supreme Court · 1892
- Sommer v. ComptonOregon Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Winn v. TaylorOregon Supreme Court · 1920
- Ford v. WhiteOregon Supreme Court · 1946
- Mayo Hotel Co. v. DancigerSupreme Court of Oklahoma · 1930
- Estep v. BaileyOregon Supreme Court · 1919
- Wilkens v. Western States Grocery Co.Oregon Supreme Court · 1941
3 more not listed; retrieve them via the Exa API.