Kemmerer v. Title & Trust Co.
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Department 1. The Gearhart Park Company owned a tract of land which had been divided into lots and blocks. These lots were placed on the market and were being sold through salesmen employed by the Gearhart Park Company. The Title & Trust Company, a corporation, held the property in trust for the Gearhart Park Company and the former executed contracts and deeds for the benefit of the latter.
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From Multnomah: George N. Davis, Judge. Department 1. The Gearhart Park Company owned a tract of land which had been divided into lots and blocks. These lots were placed on the market and were being sold through salesmen employed by the Gearhart Park Company. The Title & Trust Company, a corporation, held the property in trust for the Gearhart Park Company and the former executed contracts and deeds for the benefit of the latter. On November 2, 1911, F. L. Kemmerer, the plaintiff, signed an instrument which reads thus: “Original, Gearhart Park No. 1183 “ ‘By the Sea.’ “Main Office Comer…
1Opinion of the CourtHarris, J.
Apparently a priffted or typewritten form had been prepared to be used by salesmen; and the form seems to have been drafted on the assumption that in most eases a deposit of $150 would be paid with each application. However, in the instant case the parties probably adapted themselves to the financial situation of the plaintiff and instead of re*142quiring the payment of the $150 in a lump sum he was permitted to pay this amount as well as the remainder of the price in monthly $10 installments. An examination of the writing discloses that $750 is the purchase price. Every word which refers to the…
2Cases cited16 opinions
- Graham v. MerchantOregon Supreme Court · 1903
- Maffet v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Clarno v. GraysonOregon Supreme Court · 1896
- Potter Realty Co. v. DerbyOregon Supreme Court · 1915
- Mitchell v. HughesOregon Supreme Court · 1916
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Grider v. TurnbowOregon Supreme Court · 1939
- Epplett v. Empire Inv. Co.Oregon Supreme Court · 1921
- Stockmen's Supply Co. v. JenneIdaho Supreme Court · 1951
- Title & Trust Co. v. Durkheimer Investment Co.Oregon Supreme Court · 1936
- Holland v. BradleyOregon Supreme Court · 1932
16 more not listed; retrieve them via the Exa API.