Wells v. Page
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Bean. This is an interpleader suit by Wells, Fargo & Co. against James E. Page and others. On March 14, 1902, Benson and Hyde and W. H. Gilbert entered into a contract in writing for the sale by the former and the purchase by the latter of 8,280 acres of land in the State of Washington.
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From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Bean. This is an interpleader suit by Wells, Fargo & Co. against James E. Page and others. On March 14, 1902, Benson and Hyde and W. H. Gilbert entered into a contract in writing for the sale by the former and the purchase by the latter of 8,280 acres of land in the State of Washington. Benson and Hyde had no title at the time the contract was made, but the land had been selected by them, or for their benefit, under the provisions of the act of Congress of June 4, 1897, permitting the surrender of lands within forest reserves…
1Opinion of the CourtJustice Bean
The money in dispute was the property of -Gilbert, and was deposited with the bank by him. He is therefore entitled to its return, unless Benson and Hyde have a cause of action against him for default in the performance of the contract. He deposited the money as security for the performance of his contract, to be forfeited only in case of his default, and, whether it be regarded as liquidated damages, as security for actual damages sustained, or as a sum to be forfeited to the vendors-in case of the vendee’s default, is immaterial, unless he is liable for a failure to comply with the…
2Cases cited9 opinions
- Bigler v. . MorganNew York Court of Appeals · 1879
- Sievers v. BrownOregon Supreme Court · 1899
- Gray v. SmithCourt of Appeals for the Ninth Circuit · 1897
- Mix v. BeachIllinois Supreme Court · 1867
- Peck v. Brighton Co.Illinois Supreme Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Higinbotham v. FrockOregon Supreme Court · 1906
- Hall v. Risley and HeikkilaOregon Supreme Court · 1950
- Stark v. BornerMontana Supreme Court · 1987
- Thornhill v. OlsonNorth Dakota Supreme Court · 1915
- Higgins v. KenneySupreme Court of Georgia · 1925
11 more not listed; retrieve them via the Exa API.