Albright v. Browne
Oregon Supreme Court
From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Chief Justice Moore. This is an action by E. M. Albright, Carl Wintjen and Ed. Burke against Martin Browne to recover the possession of personal property, or its alleged value, in case control thereof cannot be secured. The complaint is in the usual form, except that it does not aver any demand was made for the delivery of the specified goods.
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From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Chief Justice Moore. This is an action by E. M. Albright, Carl Wintjen and Ed. Burke against Martin Browne to recover the possession of personal property, or its alleged value, in case control thereof cannot be secured. The complaint is in the usual form, except that it does not aver any demand was made for the delivery of the specified goods. The answer denies each allegation of the complaint, and avers that the defendant is the owner of the property so described and entitled to the immediate possession thereof. The reply puts in issue…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. It appears from the bill of exceptions that the plaintiffs were the owners of eight quartz mining claims in Josephine County, which they stipulated in writing to sell and convey to Charles H. Aldrich, who paid down $3,000, gave $13,500 April 1, 1906, and was to have made the final payment of $13,500 July 1st of the latter year, upon receipt of which the plaintiffs were to deliver to him a deed to the premises. The contract provided that time should be of the essence thereof; that Aldrich should take immediate possession of the mining claims, and until…
2Cases cited3 opinions
- Hexter v. SchneiderOregon Supreme Court · 1886
- Moorhouse v. DonacaOregon Supreme Court · 1887
- Surles v. SweeneyOregon Supreme Court · 1883
3Cited by1 opinion
- Howco Leasing Corp. v. Oregon Lumber Export Co.Oregon Supreme Court · 1978