Hills v. Campbell
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Suit by Nancy A. Hills against Floyd J. Campbell to rescind a contract. From a decree dismissing tbe complaint and granting defendant the affirmative relief prayed for in his answer, plaintiff appealed. Statement by Mr. Justice Benson. This is a suit to rescind a contract involving the alleged purchase of the furniture in an apartment house, and a lease of the building.
Read the full summary
From Multnomah: Henry E. McGinn, Judge. Suit by Nancy A. Hills against Floyd J. Campbell to rescind a contract. From a decree dismissing tbe complaint and granting defendant the affirmative relief prayed for in his answer, plaintiff appealed. Statement by Mr. Justice Benson. This is a suit to rescind a contract involving the alleged purchase of the furniture in an apartment house, and a lease of the building. The complaint alleges that the defendant was the owner of both, and that he induced her to enter into the contract by certain false and fraudulent representations as follows: (1) That…
1Opinion of the CourtJustice Benson
1. The evidence in this case presents a startling array of contradictory testimony which cannot, in any man*693ner, be reconciled. Upon nearly all of the material issues tbe conflict is so glaring and complete that we are compelled to say that one line of testimony or the other must be willfully false. In many instances it is not possible to analyze the evidence in such a manner as to solve the mystery by applying the test of reasonableness or inherent probability. We shall, therefore, waste neither time nor space with an elaborate discussion of the evidence but shall content ourselves with a…
2Cases cited2 opinions
- T. B. Potter Realty Co. v. BreitlingOregon Supreme Court · 1916
- Churchill v. MeadeOregon Supreme Court · 1918
3Cited by3 opinions
- Stafford v. Colonial Mortgage & Bond Co.Supreme Court of Alabama · 1930
- Josten Mfg. Co. v. Medical Arts Bldg. Co.Court of Appeals for the Eighth Circuit · 1934
- Brice v. Mt. Scott Park Cemetery Corp.Oregon Supreme Court · 1919