Legal Opinion

Merrill v. Hexter

Oregon Supreme Court

Decided April 14, 1908PublishedCited by 12 opinions

From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Moore. This is a suit by Sarah A. Merrill against Louis Hexter and Lehman Strause, partners as Hexter & Strause, to cancel a lease of real property, and to annul a contract for the sale thereof.

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From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Moore. This is a suit by Sarah A. Merrill against Louis Hexter and Lehman Strause, partners as Hexter & Strause, to cancel a lease of real property, and to annul a contract for the sale thereof. The plaintiff, in June, 1905, was the owner in fee of lot 1 in block 4 in Park addition to the city of Portland, Oregon, at which time she executed to the defendants a written option wherein she granted to them, for a term of 60 days, the right to purchase the real property for $50,000, one half of which was to be paid in cash, and the…

1Opinion of the CourtJustice Moore

1. It is contended by plaintiff’s counsel that cross-bills have been abolished by statute; that the affirmative relief which the defendants sought against the plaintiff is not germane to the original bill; and that the facts thus alleged in the answer are not pleaded as a counterclaim in equity, for which reasons the trial court erred in entertaining the cross-bill and in granting relief based thereon. Cross-bills have been abolished, except in an action at law, where the defendant is entitled to relief arising out of facts requiring the interposition of a court of equity and material for his…

2Cases cited9 opinions

  1. State v. HammelsyOregon Supreme Court · 1908
  2. West v. Washington Railway Co.Oregon Supreme Court · 1907
  3. Le Clare v. ThibaultOregon Supreme Court · 1902
  4. Guillaume v. K. S. D. Land Co.Oregon Supreme Court · 1906
  5. Hardin v. EmmonsNevada Supreme Court · 1898

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3Cited by12 opinions

  1. Woods v. WikstromOregon Supreme Court · 1913
  2. Shaw Wholesale Co. v. HackbarthOregon Supreme Court · 1921
  3. Krausse v. GreenfieldOregon Supreme Court · 1912
  4. Hawley v. HawleyOregon Supreme Court · 1921
  5. Whitney Co. v. SmithOregon Supreme Court · 1912

7 more not listed; retrieve them via the Exa API.

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