Archambeau v. Edmunson
Oregon Supreme Court
From Lane: G-eorge F. Skip worth, Judge. Statement by Mr. Justice Moore. - This was an action to recover damages for the alleged breach of an agreement.
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From Lane: G-eorge F. Skip worth, Judge. Statement by Mr. Justice Moore. - This was an action to recover damages for the alleged breach of an agreement. The complaint, as far as deemed material herein, substantially charges that on September-, 1912, a written contract was subscribed by the parties whereby the defendants, in consideration of the payment of $150 an acre, stipulated to sell and convey to the plaintiff a sand and gravel bar in the "Willamette River on the Blighton farm in Lane County, Oregon, and within a designated time they would procure a survey of the land and deposit with -a…
1Opinion of the CourtJustice Moore
1. Considering these appeals in reverse order, it is contended by plaintiff’s counsel that an error was committed in submitting to the jury the first interrogatory which it is asserted involved an issue of law that should have been determined by the court, and that though the written contract may not have been actually delivered, the inquiry took from the jury a consideration of the question as to whether or not the alleged agreement was acted upon by the parties and thereby ratified so as to become a binding obligation, and for these reasons the first judgment was improperly set aside. A…
2Cases cited36 opinions
- Matter of Application of La DueCalifornia Supreme Court · 1911
- De Vall v. De VallOregon Supreme Court · 1911
- Pullen v. EugeneOregon Supreme Court · 1915
- Sullivan v. WakefieldOregon Supreme Court · 1913
- Fain v. SmithOregon Supreme Court · 1886
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3Cited by35 opinions
- Timmins v. HaleOregon Supreme Court · 1927
- State v. EvansOregon Supreme Court · 1920
- Strandholm v. General Construction Co.Oregon Supreme Court · 1963
- Beglau v. AlbertusOregon Supreme Court · 1975
- Bottig v. PolskyOregon Supreme Court · 1921
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