Ward v. James
Oregon Supreme Court
From Lane: James W. Hamilton, Judge. Suit by George D. Ward against W. F. James, Francis E. James, bis wife, George R. Rickman, Ada-line Rickman and Pennington County Bank, a corporation. Prom a decree in favor of Francis E. James, plaintiff appealed. Reversed and remanded with directions. Department 2. Statement by Mr. Justice Bean. This is a suit to foreclose a contract for the sale of land, sought to be rescinded by the defendants.
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From Lane: James W. Hamilton, Judge. Suit by George D. Ward against W. F. James, Francis E. James, bis wife, George R. Rickman, Ada-line Rickman and Pennington County Bank, a corporation. Prom a decree in favor of Francis E. James, plaintiff appealed. Reversed and remanded with directions. Department 2. Statement by Mr. Justice Bean. This is a suit to foreclose a contract for the sale of land, sought to be rescinded by the defendants. Prom a decree in favor of defendant Francis E. James, rescinding the contract and for $3,245.65, partial payments made and damages, plaintiff appeals. On April…
1Opinion of the CourtJustice Bean
1. It is contended by the plaintiff’s counsel that the time for Ward to furnish a good title and convey the land to the Jameses or their assigns has not arrived and that the vendor is not in default in the premises; and therefore the contract of sale cannot be rescinded. The stipulation of the agreement of sale provides for a deed of conveyance to be made by Ward after the payment of the purchase price is completed. It appears that the consideration for the deed has not been paid nor.tendered to Ward. In order to put Ward, the vendor, in default such payment, or a valid tender thereof, must…
2Cases cited6 opinions
- Frink v. ThomasOregon Supreme Court · 1891
- Gervaise v. BrookinsCalifornia Supreme Court · 1909
- McAlpine v. ReichenekerSupreme Court of Kansas · 1895
- Sievers v. BrownOregon Supreme Court · 1899
- Woodward v. Van HoySupreme Court of Missouri · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Malmberg v. BaughUtah Supreme Court · 1923
- Hall v. Risley and HeikkilaOregon Supreme Court · 1950
- Sanders v. UlrichOregon Supreme Court · 1968
- Anderson v. HurlbertOregon Supreme Court · 1923
- James v. WardOregon Supreme Court · 1920
18 more not listed; retrieve them via the Exa API.